Bankruptcy is a complex procedure. An experienced Carlsbad bankruptcy attorney can provide valuable legal guidance in the process. Darvy Mack Cohan has offered bankruptcy and related legal services to clients in Carlsbad and throughout Southern California since 1975.
Carlsbad bankruptcy services
Mr. Cohan provides all phases of consumer or commercial bankruptcy legal services including:
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Chapter 7 |
Creditor's rights |
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Chapter 11 |
Collections and repossessions |
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Chapter 13 |
Debtor/creditor relationships and secured transactions |
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Bankruptcy litigations |
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Carlsbad Chapter 7 bankruptcy is generally the simplest and quickest form of bankruptcy. Carlsbad Chapter 7 bankruptcy may be filed by:
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Individuals |
Corporations |
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Married couples |
Partnerships |
In a Chapter 7 in Carlsbad, an appointed trustee liquidates non-exempt assets to pay creditor debt. Many Carlsbad Chapter 7 cases have no assets for liquidation, and any applicable debt the filer has not reaffirmed is discharged by the court.
Carlsbad Chapter 11 bankruptcy is debt reorganization utilized by businesses, including:
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Sole proprietors |
Corporations |
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Partnerships |
Limited liability companies |
In a Carlsbad Chapter 11, the debtor files a petition and lists assets and liabilities, and provides a detailed financial statement.
Typically, the debtor acts as his or her own trustee, is called a debtor in possession (DIP), and maintains possession of all assets. If mismanagement occurs, the court may appoint a trustee.
A Carlsbad Chapter 13 bankruptcy enables individuals or sole proprietors to pay off all or part of their debts over a five-year period. To file a Carlsbad Chapter 13, you must have disposable income after monthly expenses and an approved repayment plan by the court.
Primarily, Mr. Cohan focuses his trial practice on prosecuting or defending business and commercial litigation, and arguing appeals, including:
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Credit fraud |
Bankruptcy appeals |
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Creditors rights in bankruptcy |
Bankruptcy litigation |
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Credit card litigation |
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Mr. Cohan is particularly experienced in bankruptcy litigation and has represented creditors, debtors, and trustees before:
- Bankruptcy courts in all California federal districts
- The U.S. Court of Appeals (Ninth Circuit)
- The Bankruptcy Appellate Panel
Carlsbad business bankruptcy advice
Business bankruptcy in Carlsbad should not be approached without legal advice. Contact Darvy Mack Cohan online today and schedule a consultation to discuss your Carlsbad B2B bankruptcy.