Bankruptcy lawyer Hawaii
Experienced Attorneys in Bankruptcy and Debt Relief
David W. Cain has over twenty years of experience in bankruptcy Maui law and litigation. After filing thousands of cases of bankruptcy in Maui, Hawaii, and Massachusetts, we have the experience that your situation deserves.
Michael J. Collins has filed over 1700 bankruptcy cases in the State of Hawaii. His expertise is in foreclosure-related debt-relief, including loan modifications, short sales and deeds in lieu of foreclosure. Mr. Collins was appointed as a Foreclosure Dispute Mediator by the Department of Commerce and Consumer Affairs. If you’re looking for the best bankruptcy lawyer Hawaii, look no further!
United States bankruptcy laws are intended to give debtors a new financial beginning by relieving most of their debts, under Chapter 7; or giving them the opportunity, under the oversight of a bankruptcy trustee, to develop a payment plan under Chapter 13. We have many years dealing with a variety of cases and understand the Hawaii Court System very well.
Chapter 7 is referred to as the “liquidation bankruptcy.” Following a discharge, most unsecured debt is forgiven and no payment is made to creditors. This is also the form of bankruptcy where assets can be liquidated. It is extremely important to tell your attorney about all your assets to avoid an unintended result of liquidation.
Chapter 13 is referred to as the “payment plan bankruptcy.” Although there are debt limitations, usually payment plans are determined based on a debtor’s ability to pay and the value of the assets they own at the time of bankruptcy. These bankruptcies often feel like “debt consolidations,” because what you are being asked to pay is limited to what you can afford to pay.
Bankruptcies also have the power to avoid or in some cases strip liens. For example, judicial liens can be avoided (removed/cancelled) from assets to the extent they impair an exemption. Chapter 13 plans can modify second mortgages and “strip” them from real estate in certain circumstances. Stripped mortgages are paid through the plan in Chapter 13s.
A common misconception is that income tax is nondischargeable in bankruptcy. Taxes can be discharged during this time, but it is fair to say if you have not filed your taxes or committed fraud on your return, they will not be forgiven. Ask your attorney for more information.
Our debt relief and bankruptcy lawyers in Hawaii have over twenty years of combined experience handling difficult cases. We have handled more consumer bankruptcies than any other law firms and have flexible hours to meet the needs of our clients.
If you are facing bankruptcy Maui, call our office at 242-9350 to schedule a free initial consultation or email your questions to email@example.com
We are a debt relief agency. We help people file for relief under the Bankruptcy Code.
|We Specialize in the Following Areas:||Foreclosure / Loan Modification|