Bankruptcy Law

Bankruptcy is the legal means by which individuals and businesses may eliminate or restructure debts. The United States Bankruptcy Code is designed to give honest individuals a "fresh start" while relieving them of unmanageable bills.

There are three types of bankruptcy that an individual may file: Chapter 7, Chapter 13, and Chapter 11. Levy Law Offices represents individuals that file Chapter 7 and Chapter 13 bankruptcies.

Chapter 7 is often referred to as a "straight bankruptcy" or a liquidation bankruptcy. When an individual files for relief under Chapter 7 of the Bankruptcy Code, he or she must be in a financial position that does not allow for the repayment of debts. There are a number of requirements to qualify for Chapter 7 relief, which are discussed in more detail on the Chapter 7 page of the web site.

Chapter 13 is a repayment plan for individuals or individuals who own a business as a sole proprietorship (also referred to as a "DBA"). Businesses that are incorporated are not eligible to file for Chapter 13 relief. Chapter 13 has also been referred to as a "wage earner plan." Chapter 13 can be used to stop foreclosures and repossessions and allow you to cure the arrears on these bills over time. Chapter 13 can also be beneficial in a number of situations where an individual is not eligible for Chapter 7 relief. There are a number of requirements to qualify for Chapter 13 relief, which are discussed in more detail on the Chapter 13 page of the web site.

Chapter 11 is a reorganization plan, which can be used by businesses or individuals. Individuals who do not exceed the debt limits for Chapter 13 do not usually need to consider a Chapter 11 bankruptcy, which is much more expensive and time consuming than a Chapter 13 bankruptcy.

Josh Levy has extensive experience representing individuals in bankruptcy proceedings. Mr. Levy first began practicing bankruptcy law in Illinois in 2000, and subsequently worked for a Chapter 7 Trustee in Greensboro, North Carolina from 2001-2003. Mr. Levy has represented individual seeking bankruptcy relief under Chapter 7 and Chapter 13, creditors in Chapter 7, Chapter 11, and Chapter 13 cases, and the Trustee in Chapter 7 cases. Mr. Levy also represents individuals and companies in bankruptcy adversary proceedings.

Levy Law Offices is available to represent individuals and businesses in the following situations:

  • Chapter 7 (Individuals and Businesses)
  • Chapter 13 (Individuals and Sole Proprietorship Businesses)
  • Creditors in Chapter 7, Chapter 13, and Chapter 11
  • Individuals and Businesses in Adversary Proceedings (Bankruptcy Litigation)
  • Individuals and Business Representatives in Rule 2004 Examinations

To schedule an initial consultation, please call Levy Law Offices at (919) 846-0125, or complete the contact form on the right-hand column of the website. Levy Law Offices provides a free initial consultation in Chapter 7 and Chapter 13 bankruptcy cases for individuals. Levy Law Offices welcomes complex bankruptcy cases and emergency bankruptcy cases.

In Chapter 13 cases, Levy Law Offices tries to keep the up front attorney fee as low as possible and considers the circumstances of the case in determining how much must be paid up front, and how much of the attorney fee is paid through the plan as a part of your monthly Chapter 13 plan payments.