When life transitions occur on the basis of financial tumult, I can be your point of balance offering services related to bankruptcy. At such financially disruptive times, I find individuals and couples are interested in exploring their options, including bankruptcy. And the GOOD NEWS is YOU HAVE ALTERNATIVES! Here are some of the services I offer for your choice. Here is additional information on bankruptcy: Before You File For Personal Bankruptcy

Bankruptcy

Here is some information about bankruptcy services I offer and why you may want to choose these services. Elizabeth Winter offers a complimentary one half hour initial consultation to describe her bankruptcy services. To schedule a complimentary one half hour initial consultation, feel free to contact Elizabeth.

THE PROCESS

The subject matter of bankruptcy can be sensitive as it may be clouded with a myriad of feelings generated from financial tumult. When this occurs, it can be difficult to listen through the filters of our feelings and receive complex legal information. In my experience, individuals and couples benefit when a process to discuss bankruptcy options can be created that is supportive of their desired goals. I believe that components of such a process include addressing both short term and long term goals. I maintain an encompassing approach that is inclusive of immediate interventions to address the crisis aspect of financial disruption as well as forward looking planning for future financial successes.

WHAT IS A CHAPTER 7 AND A CHAPTER 13 BANKRUPTCY?

Article 1, Section 8, Clause 4 of the United States Constitution grants Congress power to enact uniform laws respecting bankruptcy. Congress has enacted federal laws to create forms of bankruptcy, including those forms found in Chapter 7 and Chapter 13 of Title 11 of the United States Code.

CHAPTER 7 deals with a liquidation bankruptcy and is sometimes referred to as a “straight” bankruptcy or a “fresh start.” In a Chapter 7 bankruptcy, the United States Federal Bankruptcy Court appoints a Trustee to liquidate the debtor’s non-exempt assets, sell them and distribute the proceeds to creditors. In order for the debtor to obtain a discharge, the debtor must meet the Chapter 7 criteria for discharge as there are also statutory provisions for case dismissal and exceptions to discharge.

CHAPTER 13 deals with restructuring of debts and is sometimes referred to as a “wage earner reorganization.” In a Chapter 13 bankruptcy, the debtor retains possession of property of the estate. The United States Federal Bankruptcy Court appoints a Trustee to collect a plan of reorganization payment from money earned by the debtor after filing the bankruptcy petition. The Trustee distributes the funds to creditors according to a plan that has been confirmed by the Court. In order for the debtor to obtain a discharge, the debtor must meet the Chapter 13 criteria and make all plan payments as there are also statutory provisions for case dismissal and exceptions to discharge.

ROLE OF AN ATTORNEY:

Only licensed attorneys who are also admitted to practice before the Federal District Court of Arizona are authorized in Arizona to give legal counsel and advice, prepare legal documents and provide legal representation before the United States Bankruptcy Court in Arizona.

MY GOAL is to create a process that brings clarity to a tumultuous financial picture and empowers individuals and couples to clearly see a beneficial future direction. If this is YOUR GOAL, please contact Elizabeth Winter to schedule a complimentary one half hour initial consultation.