Business Bankruptcy and Reorganization, Debt Workout Solutions, Complex Litigation and Bankruptcy Appeals
Bankruptcy is a complex and ever-evolving field of law. Businesses in and individuals under financial strain in Pittsburgh deserve attorneys attuned to important developments in bankruptcy law. American bankruptcy law developed in part from principles of equity but exists today in the form of statutory law, in Bankruptcy Code. Robleto Kuruce is a Pittsburgh bankruptcy law firm focusing on insolvency matters, employing restructuring and debt workout strategies.
“There is simply no substitute for motivated, high caliber legal talent.”
The lawyers at Robleto Kuruce are experienced representing debtors, creditors and other parties in interest within the context of bankruptcy cases as well as in non-bankruptcy and out of court workout situations. When smart businesses and consumers in Pittsburgh need reliable counsel to solve complex financial problems, they consistently turn to the intelligent, experienced and effective bankruptcy lawyers at Robleto Kuruce.
To schedule an appointment, call (412) 925-8194.
Bankruptcy Lawyers Giving the Straight Facts
There is simply no substitute for motivated, high caliber legal talent. As with many major cities, Pittsburgh is not short of attorneys. However, lawyers without bankruptcy experience and a firm understanding of the contours of the Bankruptcy Code and the life cycle of a bankruptcy case may be unable to achieve the results their clients desperately need. Businesses and individuals in financial peril are particularly vulnerable to the detrimental impact of improvident advice. Robleto Kuruce is a law firm of Pittsburgh Bankruptcy Lawyers who adhere to the precept that no party should become a debtor in a voluntary case under the Bankruptcy Code without an understanding of the likely outcome of the case and the obligations of a debtor. When prudent, we advise our clients to avoid the strictures of the Bankruptcy Code with its extensive requirements of public disclosure, rigid plan confirmation process and preordained scheme of creditors’ priority. Especially in commercial cases, out of court debt workout arrangements often involve less cost, delay and public scrutiny. Nevertheless, bankruptcy remains a very powerful tool and in certain cases may be the most effective and certain path to meeting clients’ needs.
Chapter 7 Bankruptcy Lawyers in Pittsburgh
The most straightforward and intuitive form of a bankruptcy relief is liquidation bankruptcy under chapter 7 of the Bankruptcy Code. Chapter 7 is available to individual and business debtors alike and the process is similar in commercial and consumer bankruptcy cases. Generally, the moment a debtor files a case under chapter 7, federal law operates to automatically and very broadly stay actions against the debtor and the debtor’s property. There are certain exceptions to the application, duration and scope of the automatic stay which do not arise in most cases but that your bankruptcy lawyer can discuss with you.
A chapter 7 trustee is assigned to the case very shortly after the case is filed. If there are assets available to pay to unsecured creditors, the trustee may liquidate those assets and make a distribution to the holders of unsecured claims according to the priority provisions of the Bankruptcy Code.
Individual consumer debtors in cases under chapter 7 are entitled to claim exemptions in their property. The Bankruptcy Code allows each state to determine whether debtors may take the federal exemptions set out in the Bankruptcy Code or must apply the exemptions existing under state law. Some states (Pennsylvania is among them) permit debtors to choose between the federal exemptions or those available under state law. Selection and application of exemptions may have a critical impact on debtors’ rights to retain their interests in property. he 2005 amendments to the Bankruptcy Code imposed a means test upon debtors which may give rise to the “presumption of abuse” if debtors’ income exceeds the applicable median income.
“…the moment a debtor files a case under chapter 7, federal law operates to automatically and very broadly stay actions against the debtor…”
Commercial debtors in cases under chapter 7 must, in most cases, cease business operations. The parties responsible for the business must promptly turn over its books, records and accounts to the trustee appointed to oversee the case. Additionally, someone must appear on behalf of the business debtor and answer the questions of the trustee regarding the business history, operations and financial matters.
To reach a chapter 7 bankruptcy lawyer in Pittsburgh, call (412) 925-8194.
Restructuring of Financial Obligations of Business Enterprises and Bankruptcy Reorganization for Consumer Debtors of Pittsburgh
In most cases, consumers seeking to reorganize their financial affairs will qualify for relief under chapter 13. Upon filing a chapter 13 bankruptcy petition, the automatic stay will typically allow the debtor breathing room to propose a chapter 13 plan and seek the approval of the Bankruptcy Court for that plan. The creditors of a debtor in a case under chapter 13 have an opportunity to file proofs of claims against the debtor and object to plan confirmation if they believe they are not being treated fairly under the debtor’s proposed plan.
Debtors in cases under chapter 13 must have a regular source of income. There are numerous requirements for confirmation of a chapter 13 plan and important limitations for how debtors may treat the claims of their creditors. The failure statistics for parties that are not represented by lawyers in chapter 13 cases are alarmingly high. The stakes are often quite high in chapter 13 cases where debtors often file for one last, best chance to save their homes. Having an experienced Pittsburgh bankruptcy lawyer in case under chapter 13 may be pivotal to the outcome of the case.
To meet with a chapter 13 bankruptcy lawyer, call (412) 925-8194.
Certain individual debtors with sophisticated financial lives and high levels of indebtedness may not qualify to reorganize under chapter 13 and might instead be left to seek relief under chapter 11 of the Bankruptcy Code.
Chapter 11 of the United States Bankruptcy Code is designed primarily for business debtors to reorganize. Chapter 11 bankruptcy cases are often bring heightened complexity and expanded and more involved constituencies. Because of the nature of chapter 11 bankruptcy cases, the importance of engaging astute, conscientious and dynamic bankruptcy attorneys is paramount.
For a free initial consultation about a chapter 11 case, call (412) 925-8194 to speak with one of our available bankruptcy lawyers.