Practices
Why You Need the Top Lawyers
CHAPTER 7 BANKRUPTCY
Chapter 7 cases under the Bankruptcy Code involve the liquidation of the non-exempt assets of individual or business debtors, leading to the debtor’s discharge from liability for their dischargeable debts. Generally, this means that all of the debtor’s assets, minus those that are exempt under Federal or State law, are turned over to the Chapter 7 Trustee who will liquidate those assets and distribute the proceeds to your creditors. Florida law allows most residents to exempt 100% of the equity in their Homestead and primary residence from the Bankruptcy Trustee. The attorneys at Breuer Law are here to help individuals and businesses with filing Chapter 7 cases. The Bankruptcy Code is a very complex Federal statute and bankruptcy cases should always be given substantial consideration. A Chapter 7 case is not appropriate for every business or individual depending on their specific circumstances. Our attorneys are highly qualified and experienced to advise on this subject. If a Breuer Law attorney finds that a Chapter 7 is right for you or your company, we are available to assist with:
- Filing Complex Bankruptcy Schedules
- 341 “Meetings of Creditors”
- Determining Exempt Property
- Means Test Calculation (where appropriate)
- Protection from Violations of the Automatic Stay
- Reaffirmation and/or Redemption Agreements
- Communications with the Bankruptcy Trustee
- Defending Motions by Trustees, Creditors, or Interested Parties
- 2004 Examinations and/or 7030 Examinations (depositions)
- The Purchase or Buyback of Non-Exempt Property from the Bankruptcy Trustee
- Defending Adversary Proceedings (Lawsuits) Brought by bankruptcy trustees and Creditors
- Commencing Adversary Proceedings
What We Are Expert At
Legal Practice Areas
Bankruptcy
Complex Business Litigation
Insurance Claims
Chapter 7 Bankruptcy
Chapter 11 Bankruptcy
Chapter 13 Bankruptcy
Estate Planning
Chapter 11 Bankruptcy
Chapter 11 cases under the Bankruptcy Code involve the reorganization of a business, or high debt individual, under the protection of the Bankruptcy Code and the Bankruptcy “Automatic Stay.” Under Chapter 11, you generally stay in the driver’s seat of your affairs, or business, while under Court supervision. In some rare instances the Court may appoint a Chapter 11 Trustee if you fail to follow the rules set forth in the Bankruptcy Code. Businesses and individuals may restructure their debt into a Plan of Reorganization over time, based on income and expenses, without the harassment of creditors or taxing authorities. Breuer Law is here to help you decide if a Chapter 11 case is right for you, or your business, and is available to assist with:
- Filing Complex Bankruptcy Schedules
- Assisting Preparation and Filing of Monthly Reports
- Confirmation Hearings
- Initial Debtor Interviews
- 341 “Meetings of Creditors”
- Preparing and Filing Case Management Reports
- Preparing and Filing all necessary Motions
- Calendaring and meeting all required deadlines
- Protection from Violations of the Automatic Stay
- Reaffirmation and/or Redemption Agreements
- Navigating Communications with the Bankruptcy Trustee
- Defending Motions by Trustees, Creditors, or Interested Parties
- Navigating Communication with Creditors and Creditor’s Committees
- 2004 Examinations and 7030 Examinations (depositions)
- Adversary Proceedings to Avoid Preferences and Fraudulent Transfers
- Defending Adversary Proceedings
Chapter 13 Bankruptcy
Chapter 13 is a less cumbersome version of a Chapter 11 bankruptcy reserved for individuals whose debts do not exceed certain debt limits and who have regular income. These cases allow an individual to create and file a plan to repay creditors over a period of either 3 or 5 years, based on an individual’s income and expenses. Breuer Law is here to help you decide if a Chapter 13 case is right for you, and is available to assist with:
- Filing Complex Bankruptcy Schedules
- Filing a Chapter 13 Plan
- Confirmation Hearings
- 341 “Meetings of Creditors”
- Determining Exempt Property
- Means Test Calculation
- Protection from Violations of the Automatic Stay
- Reaffirmation and/or Redemption Agreements
- Navigating Communications with the Bankruptcy Trustee
- Defending Motions by Trustees, Creditors, or Interested Parties
- 2004 Examinations and 7030 Examinations (depositions)
- Stripping Certain Mortgages from Homes and/or Income Properties
- Valuing and Repaying Loans on Vehicles, Where Appropriate
- Determining the Extent and Priority of Certain Liens on Property
BANKRUPTCY REORGANTION & RESTRUCTURES
Our team of attorneys have focused their practice in the area of working to effectively handle matters involved in the reorganization and/or restructure of businesses and bankruptcy cases in our region.
Our knowledge and services include but are not limited to:
- Complex Business Reorganizations
- Distressed Investments
- Receiverships and Trustee Representation
- “Loan to Own” Transactions
- Out of Court Workouts
- Creditor and Committees Representation
- Fraud, Misappropriation and Ponzi Scheme Matters Representation
The attorneys at Breuer Law have the experience, reputation and practical approach that enables our clients to avoid bankruptcy and the associated expense, uncertainty and risk.
COLLECTION AND CONSUMER & CREDITOR’S RIGHTS
Experience maximizing financial recovery for representing small & community businesses.
The attorneys at Breuer Law handle all aspects of recovering delinquent debts and judgments. Our team is experienced in handling bank operational disputes arising under the Uniform Commercial Code (UCC).
Our collections & creditors’ rights services include but are not limited to:
- Collection of Commercial Debt
- Collection of Consumer Debt
- Litigation
- Pre-Judgment Remedies
- Preparation of Settlement Agreements
- Post-Judgment Remedies
- Replevins
- Retail Collections
- Secured and Unsecured Debt Recovery
- Uniform Commercial Code (UCC) Disputes
COMPLEX BUSINESS AND FRAUD LITIGATION
Our attorneys have many years of combined practice and experience litigation complex business, fraud and securities litigation.
In seeking to resolve a complex securities, business fraud or Ponzi scheme matter on behalf of fiduciaries appointed to unwind large frauds, lenders, investors or other defrauded parties, the team at Breuer Law work towards unraveling the fraud, identifying all the perpetrators, and strategically prioritizing the claims, and then aggressively seeks to recover all or as much of the loss as possible. To achieve these goals, our attorneys have worked closely with receivers, bankruptcy trustees, forensic accountants, and other professionals in a large number of cases to maximize the value of the remaining assets or collateral and the client’s ultimate recovery.
INSURANCE CLAIMS & FIRST PARTY PROPERTY CASES
The attorneys at Breuer Law have years and experience litigating Insurance Claims & First-Party Property Practice, representing insurance policyholders and claimants, both as individuals and/or business owners, who believe they are owed a larger recovery than the insurer is willing to pay upfront.
Although Insurance policies are intended to ease financial hardships arising from unexpected losses, damages, and business interruptions, policyholders more often than not disagreeing over the degree of loss and culpability with their Insurance providers.
Our firm handles all parts of the claim, including: the initial claim filing, Examination Under Oath, appraisal, court hearings, and trial and appeal. Our experienced attorneys deal with a wide range of perils covered by insurance policies, including, but not limited to:
- Fire
- Flood
- Hurricane
- Windstorm & Tornadoes
- Vandalism
- Embezzlement & Theft
- Water & Mold Damage
- Business Interruption Claims
- Bad Faith Actions for Violating the Insurance Policy
Our fees are strictly contingency-based, which means if our firm does not collect for you, then we do not collect from you. In many cases, we are able to obtain part or all of our fees directly from the insurance company, in addition to the recovery gained for our client.
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(561) 532-2200
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