Bankruptcy Law for Individuals

Bankruptcy Services in Phoenix

Serving Individuals & Small Businesses for More Than 20 Years

At The Gavel, we provide the hands-on legal service you need. We are here to ensure you understand your options and help you make the best decision for yourself, your loved ones, and any businesses or valued property you own. We provide complimentary consultations in person and over the phone, and we even provide same-day appointments when possible. Financial crises of any degree are urgent matters, and we are ready to assist you at a moment’s notice.

Don’t wait. Call The Gavel at (602) 560-4679 or contact us online to schedule your free appointment today.

What Sets Us Apart from Other Bankruptcy Law Firms?

Unlike many larger firms, we are not a bankruptcy mill. We care about your well-being and are willing to put in as much time and effort as it takes to make sure you receive the high-quality legal representation you deserve. We also understand that bankruptcy often takes place within a larger group of problems, such as business failure, marital troubles, crippling debt, emotional and mental health challenges, and more.

That’s why we make a point to provide excellent legal representation and personal, attentive communication. While other large firms will occasionally send a paralegal or other third party to update you on your case, we take time to sit down with you, answer all your questions, and make sure you’re always in the know.

Types of Bankruptcy Cases We Handle

Bankruptcy is a court-administered procedure that provides debt relief for overwhelmed borrowers. Both individuals and businesses can file, and each type of bankruptcy has its advantages and disadvantages. No matter which chapter you file, however, you will benefit from the automatic stay, which is a court order prohibiting all collection actions (e.g. calls, letters, lawsuits, foreclosure, etc.) for the duration of the bankruptcy case.

When you bring your case to our firm, we can assess your situation to determine whether bankruptcy is right for you, and, if so, which chapter will best accomplish your goals.

Chapter 7 Bankruptcy

Chapter 7 refers to a portion of the U.S. Bankruptcy Code that sets out parameters for asset liquidation. Under Chapter 7, the court appoints an unbiased, third-party trustee to liquidate all your non-exempt assets in order to pay back your creditors by order of priority. The trustee will conduct a complete review of your assets to figure out which ones can be liquidated.

After liquidating your non-exempt assets (those which are not essential to a basic standard of living), the trustee will pay your unsecured priority debts, such as unpaid taxes and court judgments, then pay secured debts, such as mortgages, auto loans, etc. After this process is complete, the court discharges the remaining leftover debt and your creditors can no longer come after you.

Chapter 13

Under Chapter 13, a family, individual, or sole proprietor may attempt to reorganize their finances with the help of qualified professionals and court oversight. Chapter 13 bankruptcy requires the debtor to create a plan to pay back all or most of their outstanding debts within 3-5 years. This typically involves monthly payments to creditors through a trustee, who serves as a go-between. Chapter 13 bankruptcies are often preferable for anyone seeking to stop foreclosure proceedings on their home.

Chapter 11 (for Small Businesses)

We also assist small business owners who are interested in filing for Chapter 11 bankruptcy. Chapter 11 bankruptcy requires a comprehensive reorganization of all your debts, assets, and business dealings, and it is the most complicated, expensive, and protracted bankruptcy process.

Fortunately, recent legislation has made Chapter 11 significantly friendlier to small businesses. The Small Business Reorganization Act of 2019 added Subchapter V to Chapter 11, which streamlines the process and eliminates some of the costs that made Chapter 11 too expensive for smaller companies.

Whether or not you qualify for Subchapter V, Chapter 11 bankruptcy is a complex process and should only be considered with the help of experienced legal professionals.

Don’t make any decisions – or filings – without a qualified Phoenix bankruptcy attorney on your side. Call (602) 560-4679 to learn more about your options today.

Why Choose The Gavel?

  • Over 20 years of bankruptcy experience!
  • Custom tailored solutions for your case.
  • Accessibility to a legal team that is rooting for you.
  • High level of quality service & genuine care for your success.

Individual Solutions

Our Services

As a small business owner, you likely know all too well that small companies are extraordinarily sensitive to changes in the economy. Fortunately, the U.S. Bankruptcy Code provides several options for businesses facing severe financial hardship. We can determine whether you qualify for Chapter 11, Subchapter V of Chapter 11, or any other form of court-administered debt relief before walking you through the process from beginning to end. We can also help you take advantage of the CARES Act, which provides relief for business owners struggling to stay afloat during the COVID-19 pandemic.

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