Contact Cain and Herren

Bankruptcy Maui, Hawaii

Bankruptcy lawyers Maui, Hawaii

Bankruptcy Hawaii | hawaii bankruptcy court


Experienced Hawaii Attorneys – Bankruptcy and Debt Relief

David W. Cain has over twenty years of experience in bankruptcy law and bankruptcy litigation. With thousands of bankruptcy case filings in Hawaii, Maui, 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 in 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 bankruptcy; or giving them the opportunity, under the oversight of a bankruptcy trustee, to develop a payment plan under Chapter 13 bankruptcy. We know Hawaii Bankruptcy Court!

Bankruptcy Maui

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 in bankruptcy, 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 Hawaii

Our debt relief and Hawaii bankruptcy attorneys have over twenty years of combined experience handling Chapter 7 and Chapter 13 bankruptcy cases. We have handled more consumer bankruptcies than any other Maui County bankruptcy law firm and have flexible hours to meet the needs of our clients.

Call our office at 242-9350 to schedule a free initial consultation or email your questions to office@cainandherren.com

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

We specialize in the following areas:Foreclosure / Loan Modification
  • Chapter 7 liquidations
  • Chapter 13 repayments
  • Adversary Proceedings
  • Relief from Stay
  • Trustee Negotiations
  • Bankruptcy Litigation
  • Bankruptcy Appeals
  • Creditor Negotiations
  • Loan Modifications
      • Reduce your monthly mortgage payment
      • Increase the length of your home loan
      • Eliminate late fees
      • Lower your interest rate
      • Stop foreclosure and keep your home

 

 

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