Bankruptcy
The bankruptcy attorneys at the Law Offices of Btzalel Hirschhorn, Esq., have extensive experience representing debtors and creditors in bankruptcy cases throughout the five boroughs of New York City, Long Island, and Westchester. Our firm is home to some of the best bankruptcy attorneys in Queens and all of New York City.
Chapter 7
Chapter 7 bankruptcy is the most common type of bankruptcy. Chapter 7 will wipe out your legal obligation to repay most types of consumer debts such as credit cards, car loans, and personal loans. If you find yourself struggling under the weight of your burdensome debt but with few assets and insufficient income to pay it off Chapter 7 may be right for you. To be eligible for Chapter 7, your income must be underneath the state average income which is measured by household size. . Click Here to view the Census Bureau Median Family Income By Family Size For more information or to schedule a free consultation with one of our experienced Queens bankruptcy attorneys call us at
Chapter 11/Business Bankruptcy
Businesses throughout the five boroughs of New York City, Nassau, Suffolk, and Westchester counties seek the bankruptcy lawyers at our firm when it comes to helping business entities such as commercial lenders, banks and investors in bankruptcy adversary proceedings as plaintiffs and defense counsel. While Chapter 11 is primarily for businesses, on occasion individuals may file for Chapter 11 as well. Our business bankruptcy attorneys also represent creditors in workout, liquidation and reorganization cases. As well as working on behalf of debtors, our business bankruptcy attorneys work to protect the rights of secured and unsecured creditors, and asset purchasers to minimize their losses as much as possible.
Chapter 13
If your home is in foreclosure or if your home has substantial equity in it, or if your income is over the state median average, Chapter 13 may be the best option for you. Chapter 13 allows you to effectively reorganize your debts through a controlled three – five year repayment plan under the supervision of the bankruptcy courts. Your payments are based off of what you can afford to pay. Once you complete the payment plan you will be debt free. Contact Us Now to schedule a free consultation with one of our experienced Queens bankruptcy attorneys.
Creditor Rights
If a bankruptcy filing is disrupting your ability to collect debts owed to you or your business, the Law Offices of Btzalel Hirschhorn can help you today. Our Queens bankruptcy attorneys can be contacted online or at (718) 263-6800 to schedule an appointment and learn how we can help protect your rights as a creditor in today’s economy.
Fraudulent Conveyances
Under New York Law, a chapter 7 trustee, in addition to examining the assets owned by the debtor at the time of filing, also has the authority to look at the transfers by the debtor in the six years prior to the bankruptcy filing. The trustee will take interest in certain transfers where there was less than a reasonably equivalent value received by the debtor at the time of the transfer.
If the trustee decides that the transfer was actual or constructive fraud, the trustee will file a lawsuit in bankruptcy court known as an adversary proceeding in order to either reverse the transfer or claw back money in the amount of the value that the debtor should have received.
The trustee works on behalf of the creditors; any money the trustee receives would be brought back into the bankruptcy estate to provide for distribution to creditors.
Representation by an experienced bankruptcy attorney is critical because the trustee should have to prove to the court both that the transfer qualifies as a fraudulent transfer and what the value was of the asset at the time of the transfer. If the transfer does qualify as fraudulent, it should not be left to the party with the most to gain from a high value (the trustee) to provide the court with the value of such asset.