Frequently Asked Questions
What is the difference between Chapter 7 and Chapter 11 for my business?
Bankruptcy for Businesses and Corporations requires a strategic choice. Chapter 7 is typically used for liquidating commercial assets to resolve debt and close the business permanently. Chapter 11, however, focuses on restructuring corporate debt to facilitate long-term recovery and preserve business continuity while managing creditor demands.
Can personal bankruptcy stop wage garnishments and creditor calls?
Yes. Filing for personal bankruptcy—whether through Chapter 7 or Chapter 13—triggers an immediate legal shield known as the “Automatic Stay.” This authoritative legal tool provides the leverage necessary to halt creditor harassment, stop active wage garnishments, and protect your primary assets from aggressive collection actions while we reclaim your financial future.
Is it possible to settle my debts without filing for bankruptcy?
Absolutely. Our firm provides sophisticated “Strategic Workouts” and out-of-court restructuring for clients seeking resolutions without a formal bankruptcy filing. We engage in complex negotiations with institutional creditors to modify repayment terms and settle liabilities, providing tailored modifications for business loans and high-balance unsecured debts.
Will my business be able to continue operating during a Chapter 11 filing?
Yes. The primary objective of Chapter 11 is to shield your operations from collection actions while you restructure. Our firm focuses on developing a sustainable path forward, addressing creditor demands while allowing owners to maintain control of their commercial assets and focus on the restoration of their business operations.
How can I stop a foreclosure sale that has already been scheduled?
Stopping a scheduled sale requires an immediate and strategic legal approach. If there is sufficient time, we may first attempt to halt the process in state court by challenging procedural errors or predatory servicing practices. However, if state court efforts are unsuccessful or if there is very little time remaining before the auction, the most effective tool is filing for bankruptcy. This instantly triggers the “Automatic Stay,” a federal injunction that legally requires the lender to stop the sale immediately. This provides the vital breathing room needed to reorganize your finances and secure the legal standing required to remain in your home.
What is a Mortgage Modification and how do I qualify?
A mortgage modification is a strategic restructuring of your residential loan designed to ensure long-term asset retention and prevent foreclosure. While qualifications typically involve demonstrating a legitimate financial hardship and the ability to make a new, modified payment, the decision to approve or deny an application rests entirely with the mortgage company. Lenders often create a notoriously difficult and bureaucratic process, frequently losing documents or requesting the same information multiple times to stall the case. At The Sexner Law Group LLC, we focus on navigating this complex landscape. We ensure all paperwork is filled out with meticulous accuracy and held to the lender’s strict standards, providing the legal leverage necessary to force a fair review of your application.
Can bankruptcy help me save my home from a Real Estate Tax Sale?
Yes. The timeline for real estate taxes is always critical, as missing a single deadline can lead to additional interest, costly fees, or the permanent loss of your home. Filing for bankruptcy triggers the “Automatic Stay,” a federal injunction that can immediately stop a pending tax sale from moving forward, regardless of how close the sale date is.
If your taxes have already been sold, you are in a high-stakes “redemption period before a tax buyer can obtain a deed and take ownership. During this time, we can use a Chapter 13 filing to force the tax buyer into a three-to-five-year repayment plan. This federal protection allows you to pay back delinquent taxes and interest in installments over time, effectively extending the strict statutory deadlines that would otherwise result in a tax deed. Because tax buyers often aggressively pursue deeds as soon as the redemption period expires, contacting The Sexner Law Group LLC immediately is vital to invoking these judicial protections before it is too late.
How does the "Automatic Stay" work to protect my primary residence?
The “Automatic Stay” is a vital shield that goes into effect the moment a bankruptcy case is filed. It legally prohibits any mortgage servicer or creditor from continuing foreclosure proceedings or tax sales. This stay provides you with the breathing room needed to reorganize your finances and secure the legal standing required to remain in your home throughout the process.
Do Mortgages Still Offer "Cash for Keys"?
Yes. If you cannot keep your home, we can help you “give it back” to the bank through something called a Deed in Lieu. This saves the bank a lot of time and money, so they will sometimes pay you a “Cash for Keys” payment to help you move out.
There is another big benefit: we can often get the bank to promise that once you give them the keys, you are finished. Even if the bank sells your house for less than you owe, they agree not to sue you for the rest of the money.
Is a Chapter 13 bankruptcy just another type of debt negotiation?
No, they are very different legal paths. In a debt negotiation, the entire process is voluntary for the creditors. Because they are not legally required to participate, creditors have the final say on whether they will accept lower payments, and they can choose to walk away from the negotiation at any time.
A Chapter 13 bankruptcy is a court-supervised process that uses federal law to set the terms. Instead of relying on a creditor’s willingness to cooperate, a Chapter 13 filing allows the court to approve a repayment plan that your creditors must follow by law. Depending on your specific financial situation, this court-ordered plan can often reduce what you pay back to just a few cents for every dollar owed.
The right choice depends on your financial goals and the specific types of debt you are facing. Contact The Sexner Law Group LLC today so we can review your situation and determine which method provides the strongest protection for your assets.
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