Community Association Law

Bankruptcy

Our firm has been very successful in representing our community association clients’ rights in thousands of bankruptcy cases filed by delinquent owners.  Most bankruptcy cases dealt with by our community association clients are filed under Chapters 7 and 13.

In all bankruptcy cases, we file a Notice of Appearance in the case to ensure that we obtain all notices and pleadings that are filed. We examine the debtor’s scheduled assets and liabilities. We inform our clients regarding the status of the case, what to expect from the case progression, and when to expect it. We file Motions for Relief from Stay to have the bankruptcy stay lifted to allow the repossession of personal property or the foreclosure of real property. If necessary, we attend the Section 341 Meeting of Creditors to ask the debtor questions under oath. We determine whether or not attendance is necessary prior to doing so to ensure that our clients’ resources are not being spent on non-beneficial endeavors. We also object to a discharge of our clients’ debt under either Chapter 7 or Chapter 13 if fraud, false pretenses, or other impropriety exists that warrants the denial of a bankruptcy discharge.

In Chapter 7 cases, we can work out Reaffirmation Agreements between our client and the debtor. This is especially beneficial to our clients if a debtor wants to retain a vehicle or other collateral, has a good payment history, and wants to continue making payments under the current loan instrument. A Reaffirmation Agreement allows the client to retain a contract over the debtor and the debtor’s property that would normally have been discharged in the Chapter 7 case. If the Trustee indicates that there will be a distribution in a Chapter 7 case, we file a Proof of Claim on behalf of our clients to make sure that our clients get to partake in any liquidation proceeds. At the end of Chapter 7 cases, we advise our clients of the case terminating with a discharge or without a discharge, and we advise our clients of what options they have with regard to the pre-bankruptcy debt.

Our firm has been very successful in representing our community association clients’ rights in thousands of bankruptcy cases filed by delinquent owners

In Chapter 13 cases, we examine the debtors’ Chapter 13 Bankruptcy Plans to ensure that the proposed repayment of our clients’ claims are fair and legally sufficient. If the proposed repayment is not fair or is legally insufficient, we file an Objection to Confirmation of Plan and attend the hearing. Simply filing this document often causes a debtor to amend his or her Plan, and further proceedings and hearings are not always necessary, saving our clients a great deal of money. If the Plan is not amended, we advocate our clients’ position in court, and request that the bankruptcy judge not allow the Plan to be confirmed. For Plans that do get confirmed, we generally instruct the Trustee to send payments directly to our clients. This eliminates processing and forwarding fees, saving our clients money. At the end of a case or upon payment in full of a claim, we advise our clients of the same, and we advise our clients of what options they have with regard to the pre-bankruptcy debt.

Alpharetta Main Office p: 770-685-7000 f: 770-685-7002
Alpharetta Main Office p: 770-685-7000 f: 770-685-7002
Alpharetta Main Office p: 770-685-7000 f: 770-685-7002
Alpharetta Main Office p: 770-685-7000 f: 770-685-7002
Alpharetta Main Office p: 770-685-7000 f: 770-847-7665
Alpharetta Main Office p: 770-685-7000 f: 770-685-7002