"The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread." -- Anatole France

A FEW WORDS ABOUT BANKRUPTCY

BANKRUPTCY? IS THAT STILL AROUND? I THOUGHT CONGRESS DID AWAY
WITH THAT.

That is just what Congress and the lenders that bought and paid for those changes want you to think. But it isn't so. While Congress did create more hoops for debtors to jump through before they can file a bankruptcy, those changes back in 2005 do not prevent any more people from filing a bankruptcy than the old laws did.

SO WHAT IS BANKRUPTCY, REALLY? CAN IT HELP ME?

Bankruptcy is simply a privilege given under the laws of the United States to allow honest but unfortunate debtors a chance at a fresh start, to start over with the basics of life intact but without being saddled by their debts. There are a few of limitations on this: First, dishonest debtors, for example, those who committed fraudulent or criminal acts, might not have certain debts discharged; Second, those debtors who objectively can afford to pay at least something back to their creditors might be required to do so; Third, child and spousal support payments under a Court order will not be discharged; and Fourth, student loans are not dischargeable except in certain very limited circumstances. There are also a number of more fact specific situations, but your lawyer can guide you through those. For a detailed explanation provided by the Bankruptcy Court of the bankruptcy process click here, and the discharge of your debts click here.

IS THERE ONLY ONE KIND OF BANKRUPTCY THAT FITS EVERYONE?

No, there are generally three different types of proceedings, all under the generic heading of "bankruptcy", which are available to almost all debtors. You have probably heard of them referred to by the particular chapter of the Bankruptcy Code they appear in. There is "Chapter 7", which is simply a liquidation of your non-exempt assets, if you have any. There is "Chapter 13", which is a debt restructuring process for debtors who have a predictable income stream, such as employment, and who want to, or are required to, pay some portion of their debts to their creditors. And there is "Chapter 11", which is a general reorganization of the debtor's assets and liabilities; although Chapter 11 proceedings are available to all debtors, the cost and complexity of such cases generally precludes its use by individuals. For a detailed explanation of each of these chapters, again provided by the Bankruptcy Court, click on the links above for each chapter.

AND NOW, A FEW WORDS ABOUT OUR FIRM

The principal attorney in the Law Offices of Steven A. Schwaber is Steven Schwaber. On occasion, if the nature or complexity of the case so requires, other attorneys are brought into the case to utilize their expertise in particular areas of the law or to assist in the preparation of documents for, and sometimes appearing before, the courts.

Mr. Schwaber is a Certified Bankruptcy Specialist in business bankruptcy law by the American Bankruptcy Board of Certification, a nationally recognized certification authority whose certifications are recognized in almost every state in the country. He has been so certified since 1992, and was one of the first attorneys in California to earn such a certification. He has held an AV rating from the Martindale-Hubbel legal directory for almost 25 years, and is designated as a California Superlawyer in Bankruptcy, both of which honors are the result of being so rated by his legal colleagues and peers. Mr. Schwaber has been practicing continuously in the Los Angeles area for over 40 years. For Mr. Schwaber's detailed professional profile, click here.

The firm practices exclusively in the field of Bankruptcy, representing both debtors and creditors, as well as third parties who find themselves involved in the bankruptcy process, whether voluntarily, such as the purchase of assets out of a bankruptcy estate, or involuntarily, often when someone is sued by the bankruptcy trustee for the return of a payment or of assets of the estate. Since a large part of our practice involves advising and assisting debtors and potential debtors regarding the filing of a bankruptcy petition, we have been designated by Congress as a Debt Relief Agency and are proud to act in that capacity.

What sets the firm apart from the other bankruptcy firms is our personal attention to our clients. You will deal directly with Mr. Schwaber at all times, not be handed off to a paralegal or a secretary. Your situation is personally evaluated by him and your documents are prepared to address your particular needs. Mr. Schwaber will attend the meetings with the trustee, not some attorney whom you have never seen before and is merely hired to sit in for your counsel of record. Mr. Schwaber's extensive background in bankruptcy matters means that he understands your situation and the stresses and pressures that you are feeling in what feels like a strange situation to you, and he guides you through the bankruptcy process from beginning to end.

Definitions of Commonly Used Legal Terms (by the Bankruptcy Court)
Glossary of Bankruptcy Terminology (by the Bankruptcy Court)
Bankruptcy Information Sheet (by the Office of the United States Trustee)
Client Information Worksheets for Individuals (without a business)
Client Information Worksheets for Individuals (with a business)
Client Information Worksheets for Entities (Corp., LLC, LLP, or Partnership)