Experienced Bankruptcy Attorneys
David W. Cain has over twenty years of service as an attorney in bankruptcy law and litigation. After filing thousands of bankruptcy cases in Maui, Hawaii, and in Massachusetts, our law firm has a high level of confidence that his experience will meet your individual needs.
United States bankruptcy laws are intended to give debtors a new financial beginning by assisting them on a path towards debt relief, under Chapter 7; or giving them the opportunity – under the oversight of a bankruptcy trustee – to develop a payment plan under Chapter 13. Our Maui law firm has many years dealing with myriad cases and understands the Hawaii Court Systems very well. It is important for us to match your needs with the right attorney and we feel confident in our firm.
Bankruptcy in Maui
Chapter 7 bankruptcy 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 unintended complications in the process. Full disclosure will ultimately help people in the end, so trust this information will work in your favor.
Chapter 13 is referred to as the “payment plan bankruptcy.” Although there exist debt limitations, payment plans are usually determined based on a debtor’s personal 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 legal power to avoid or in some cases strip liens. For example, judicial liens can be avoided (removed/canceled) 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 13 cases.
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.
Bankruptcy Options in Hawaii
Our debt relief and HI bankruptcy lawyers specifically in Maui have over twenty years of combined experience handling difficult cases. We have handled more consumer bankruptcies than any other law firm and have flexible hours to meet the needs of our clients.
If you are facing bankruptcy in Maui, contact our office at 242-9350 to schedule a free initial consultation with an attorney or email your questions to office@cainandherren.com
We are a debt relief agency with experienced bankruptcy attorneys. The bottom line is, we help people who are in need of law firms specializing in areas of personal, legal support.
| We Specialize in the Following Areas: | Foreclosure / Loan Modification |
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Get Started
- Bankruptcy
- Foreclosure (form coming soon)
If an online form isn’t available yet, contact us by phone at 1-808-242-9350 or by email today.