Hinkle Shanor LLP
218 Montezuma Avenue
Santa Fe, NM 87501
Jaclyn M. McLean
The Santa Fe bankruptcy lawyers at Hinkle Shanor LLP assist clients in bankruptcy cases in New Mexico. The Santa Fe bankruptcy lawyers represent clients in both Chapter 7 bankruptcy and Chapter 13 consumer bankruptcy cases. The Santa Fe bankruptcy lawyers also have experience representing businesses, as counsel for both debtors and creditors, in Chapter 11 bankruptcy and Chapter 7 bankruptcy cases.
The branch of bankruptcy law involves the procedure or legal method by which a debtor is relieved of financial liability for its debts by establishing a court-approved reorganization plan or a plan for partial repayment. The Santa Fe bankruptcy lawyers are knowledgeable in all areas of general bankruptcy law, including but not limited to Chapter 11 bankruptcy, Chapter 7 bankruptcy, and Chapter 13 bankruptcy cases in New Mexico.
The Santa Fe bankruptcy attorneys have experience representing clients in bankruptcy matters, including:
Bankruptcy law involves the procedure or legal method by which a debtor is relieved of financial liability for its debts by establishing a court-approved reorganization plan or plan for partial repayment. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors generally may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors’ interests.
The Santa Fe bankruptcy lawyer advisors work to give financially insolvent individuals and debtors of commercial enterprises relief from indebtedness. The Santa Fe bankruptcy chapter 13 attorneys can assist in a number of insolvency matters, ranging from the preparation of restructuring plans to making arrangements with creditors.
A bankruptcy filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Not dischargeable in bankruptcy are alimony and child support, taxes, and fraudulent transactions. Filing a bankruptcy petition automatically suspends all existing legal actions and is often used to forestall foreclosure or imposition of judgment. After 45 or more days a creditor with a debt secured by real or personal property can petition the court to have the “automatic stay” of legal rights removed and a foreclosure to proceed. When the court formally declares a party as a bankrupt, a party cannot file for bankruptcy again for nine years.
Chapter 11 bankruptcy allows an existing New Mexico business to reorganize and refinance to be able to prevent final insolvency. Often there is no trustee, but a “debtor in possession,” and considerable time to present a plan of reorganization. The final plan often requires creditors to take only a small percentage of the debts owed them or to take payment over a long period of time. Chapter 13 is similar to Chapter 11, but is for individuals to work out payment schedules.
The Santa Fe bankruptcy attorneys at Hinkle Shanor LLP have represented clients in virtually all types of distressed financial situations. For experienced representation in a bankruptcy case or for assistance filing for bankruptcy, contact the Santa Fe bankruptcy lawyers at Hinkle Shanor LLP in New Mexico.