Practice Areas

Chapter 11

Chapter 11 is a reorganization chapter most commonly used by businesses, but is also available to individuals. Creditors vote on whether to accept or reject a plan, which also must be approved by the court. The Debtor remains in control of the assets and will continue to run the business. The goal of Chapter 11 is to give the business relief from creditors to allow for a reorganization of the debtor’s company.

Chapter 12

Chapter 12 offers relief to those who qualify as family farmers or fishermen. Family farmers or fishermen must propose a plan to repay their creditors over a three to five year period and it must be approved by the court. Plan payments are made through a chapter 12 trustee, who also monitors the debtor’s farming or fishing operations during the pendency of the plan by receiving and reviewing monthly operating reports that will be prepared and filed by the Debtor.

Chapter 13

Chapter 13 generally permits individuals to keep their property by repaying some creditors out of their future income. Each chapter 13 debtor creates a plan which must be approved by the bankruptcy court. The debtor must pay the chapter 13 trustee the amounts set forth in the plan. Debtors receive a discharge after they complete their chapter 13 repayment plan. Chapter 13 is only available to individuals with regular income whose debts do not exceed $1,162,075. This figure may change periodically.

What are the costs of bankruptcy for consumers?

Fees

Chapter 7
Attorney fees and court costs: $1,500 (paid prior to filing the case)

Chapter 13
Attorney fees: $2,800 ($600 up front; remaining fees are paid in the Chapter 13 plan)
Court costs: $310
Credit report: $60

Chapter 11
Attorney fees are on an hourly basis. A retainer will be required, the amount of which is dependent on the complexity of the issues involved.

All bankruptcy cases are different, your attorney at Vidrine & Vidrine will discuss this with you during your no-charge consultation. Contact our office today at 337-233-5195.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code

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Disclaimer:
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Call (337) 233-5195 today if you have any questions.