New York Bankruptcy, Litigation, & Judgment Enforcement Lawyers

Chapter 7 Personal Bankruptcy

At Starr & Starr, PLLC, we are experienced and knowledgeable in representing our clients in chapter 7 bankruptcy to discharge (i.e., wipe out) typical debts and judgments, such as for credit cards, medical bills, the balance owed on car loans after a repo, “old” tax debts, past due rent for a prior residence, and a variety of other types of debts.

In a chapter 7 personal bankruptcy you are wiping out your debts and getting a fresh start. Our clients who have worked with us to file chapter 7 bankruptcy no longer have to struggle to try to repay their crushing debt burdens. If you work with us to wipe out your debts through chapter 7 bankruptcy, you will be able to rebuild your finances and focus on things that will make a positive difference in your life, such as saving money for your children’s future or your own retirement. In addition, most of our clients find that they are able to rebuild their credit faster than they anticipate. As part of our comprehensive representation of you from the pre-bankruptcy preparation of your case to our post-discharge advice, at no additional charge to you our New York bankruptcy attorneys will provide you with our time-tested strategies and techniques to rebuild your credit after bankruptcy.

Chapter 13 Personal Bankruptcy

In a chapter 13 personal bankruptcy you are using the bankruptcy process to cure defaults (past due amounts) and catch up with payments over time (over 3-5 years). For example, if your home is in foreclosure we can help you save your home through a chapter 13 repayment plan that will allow you to catch up over time (as long as 60 months). Similarly, if you are behind on rent and your landlord will not work with you to give you a workable repayment plan, we can help you make a plan that the landlord cannot refuse in a chapter 13 bankruptcy case. Chapter 13 can also be used to deal with past due tax debts when the IRS or NY State Dept. of Taxation will not give you a workable payment plan. We have helped our clients save their homes, save their cards, deal with tax debts, and other debt problems over time. Unlike so called debt-settlement, which creditors do not have to accept, chapter 13 bankruptcy is binding on creditors as long as your chapter 13 plan satisfies the requirements of the Bankruptcy Code and is approved by the Bankruptcy Court.

In a chapter 11 personal bankruptcy you are not subject to the time limits of a chapter 13 case that is limited to a maximum of 5 years (60 months). In addition, unlike in chapter 13 bankruptcy, in chapter 11 bankruptcy there are no limits on the total amount of permissible debts. In our experience a chapter 11 personal bankruptcy case is great way in which the bankruptcy attorneys at our New York firm can assist entrepreneurs and high-net worth individuals restructure their financial affairs.

Business Bankruptcy

Chapter 7 and Chapter 11 Business Bankruptcy. We are Board Certified in Business Bankruptcy Law as bankruptcy specialists. We represent debtor companies in chapter 7 business liquidations, out of court workouts and state-law dissolutions, and corporate debt restructuring in chapter 11 business reorganizations.

Chapter 7 Business Bankruptcy

When you have a money losing business and need to cease operations and cut your losses, we can assist you with a chapter 7 business bankruptcy. In a chapter 7 business bankruptcy the debtor company ceases operations and an independent fiduciary, known as a bankruptcy trustee, is appointed to liquidate the assets of the company to raise cash to pay off creditors. Our attorneys are experienced in representing New York and New Jersey businesses in chapter 7 bankruptcies in a variety of industries, such as restaurant, fashion, import-export, manufacturing, distribution, medical services, and other matters.

Assignment for the Benefit of Creditors

An Assignment for the Benefit of Creditors (“ABC”) is a state law alternative to filing for chapter 7 business bankruptcy that is available to businesses in New York and New Jersey. While it is similar to chapter 7 bankruptcy in many respects an ABC may be preferable to a chapter 7 business bankruptcy because it is generally a simpler, faster, and more flexible process than chapter 7 business bankruptcy. An ABC will often result in a greater overall recovery to creditors. It is particularly suited for situations where someone wants to buy the assets of the business but does not want to take over its liabilities, or the business has technology to sell that is not suited for sale by an auctioneer.

Chapter 11 Reorganization

When you have a business that either could reorganize if given a chance to deal with its debt problems over time, or that needs to be given the opportunity to sell its assets through an orderly process without creditor or Sheriff or Marshal interference, our New York bankruptcy lawyers can assist you in a chapter 11 business bankruptcy. In a chapter 11 business bankruptcy the debtor company continues in operations and typically the existing management of the company remains in control as debtor-in-possession management. The company then can reorganize through a chapter 11 plan process, or alternatively, can sell its assets through a bankruptcy sale. Our attorneys are experienced in representing New York businesses in chapter 11 bankruptcies in a variety of industries, such as real estate, construction, manufacturing, retail, restaurant and foods services, and other industries.

As a boutique law firm we are particularly well placed to help small businesses take advantage of the new Small Business Restructuring Act that became effective on Feb. 19, 2020. This new law has many exciting features designed to simplify the bankruptcy reorganization process for small businesses by reducing procedural and cost burdens. In response to the Coronavirus pandemic there also have been increases in the dollar limits applicable to this new law that makes it accessible for a many more businesses than before.

Civil Litigation and Bankruptcy Litigation

If you have been sued by a creditor, trustee, liquidating trustee in state court, federal court, bankruptcy court, or arbitration proceeding, the NY Litigation Attorneys at Starr & Starr, PLLC can help you defend the lawsuit. We also represent plaintiffs and defendants in litigation and mediation in bankruptcy court, including preference actions seeking to avoid preferential transfers, and avoidance actions seeking to avoid fraudulent transfers.

The bankruptcy lawyers at our New York firm are active in the federal and bankruptcy courts in the Southern District of New York, Eastern District of New York and District of New Jersey. In non-bankruptcy matters we bring lawsuit on behalf of creditors involved in business disputes, such as non-payment of promissory notes, breach of contract, import-export and other matters. We also defend such matters on behalf of individuals and businesses. We are also active in arbitration matters before the American Arbitration Association (AAA) and JAMS.

In bankruptcy court we are active in defending lawsuits brought by bankruptcy trustees, chapter 11 debtors-in-possession, creditors’ committees, and liquidating trusts in cases alleging preferential and fraudulent transfers under the Bankruptcy Code and applicable state law.

Debt Collection & Judgment Enforcement

The New York Debt Collection & Judgment Enforcement Attorneys at Starr & Starr, PLLC, can help you recover the debt owed to you. We help all types of businesses, including domestic and international small businesses, collect past-due claims and judgments owed to them by corporate and business debtors, and individuals.

Our debt collection practice is typically focused on claims and judgments that are greater than $50,000. Our attorneys have extensive experience in all phases of judgment enforcement, including obtaining Sheriff’s and Marshal’s levies and sale of assets, issuing retraining notices to banks and financial institutions, instructing Sheriffs and Marshals to execute on bank accounts, and obtaining Sheriff’s sales of real estate to enforce judgments. In addition, we have extensive experience in conducting discovery in aid of enforcement of judgments, including examinations of judgment debtors in aid of enforcement of judgments. In addition to creditor representation, we also defend judgment debtor who are faced with aggressive creditor enforcement efforts. We are not taking on new contingency fee debt collection or contingency fee judgment enforcement matters at this time.

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The attorneys of Starr & Starr, PLLC look forward to assisting you. Please contact us today by completing the “Contact Us” form located on this page, or by calling us at (888) 867-8165. Alternatively, please email us at info@starrandstarr.com. We look forward to hearing from you and helping you with your legal problems.