Practice Areas

Bankruptcy

Chapter 7-Chapter 13

At Silbiger Law Offices, we can help eliminate your tax debt, medical bills, credit card debt and other bills. Many debtors become overwhelmed with the debt they are unable to pay off. There are different ways individuals can file for bankruptcy. By consulting with an attorney, any confusion a debtor may have with following the steps involved with filing bankruptcy would be absolved. Filing for bankruptcy immediately stops:

  • Foreclosures & Repossessions
  • Evictions
  • Wage Garnishments
  • Bank Levies
  • Harassment
  • Lawsuits
  • Tax Collection

The documents you will need to gather to complete your paperwork when filing for bankruptcy would include:

  • 6 months of Paystubs or Other Income Verification - If you are unemployed or have other income then you should have that information to complete your documents
  • Creditor Information - Gather information on all of your creditors that you currently owe money to. You will need to have available their addresses and the estimated amount that you owe to your creditors. We will obtain your credit report to review what you owe and to whom.
  • Asset Information- Gather documents that provide information on any assets you have including bank accounts, whole life insurance policies, IRA, 401K, Retirement, Vehicle Value (Kelley Blue Book value or NADA)
  • Last 2 years of Filed Tax Returns

You need to complete a credit counseling class prior to filing your bankruptcy case. The class is approximately one hour long and generally can be done over the internet. The credit counseling class must have been completed within 6 months of filing. It is important that you do not complete the class until you are ready to file. If your credit counseling certificate expires, then you will need to retake your class. Once you complete the course you will be issued a certificate that needs to be filed in with your  bankruptcy case.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the most common bankruptcy that is filed. It is often referred to as the “clean slate” because usually your unsecured debt is wiped away. These unsecured debts could include personal loans, business debt, utility bills, medical bills, credit cards and other related debt. Secured debts, like your home mortgage or car loans can be eliminated or discharged in a Chapter 7 Bankruptcy.  You can keep the property if you continue to make your regular payments or surrender the property to the lender and walk away with no personal liability.  In some instances you will need to reaffirm the secured debt or redeem the property. Chapter 7 is available to people that do not have net assets above those that may be exempted, nor income above the statutory amount.  If you qualify, you could keep certain exempt items such as:

  • Home
  • Vehicle(s)
  • Social Security and Disability Benefits
  • 401Ks & IRAs
  • Home Furnishings
  • Alimony and Child Support
  • Clothing
  • Furniture

To qualify for Chapter 7 Bankruptcy, you will need to take the means test to determine if you have any disposable income to pay back the debts. After receiving your discharge order from the court, you are no longer legally required to repay your debts and can begin fresh.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy, also known as wage earner bankruptcy, is designed for individuals with regular income to have the opportunity for debtors to reorganize their finances and pay back creditors with a payment plan. All while giving them the essential time to repay a portion of their debt, interest free and without late fees and penalties. By reorganizing your finances, you can not only pay back creditors, you could also protect your home from foreclosure.  Contrary to Chapter 7 Bankruptcy, with Chapter 13 Bankruptcy, you may be able to keep all of your property including:

  • Home, Investment Properties, Vacation Homes
  • Vehicle(s)
  • Business Property, Assets & Inventory

Under a Chapter 13 Plan, which must be approved by the United States Bankruptcy Court, a person can take up to 5 years to reorganize his or her affairs, without interference from creditors, provided individuals adhere to the court-approved payment plan. In many cases, at the conclusion of the Chapter 13 Plan, a large portion of the unsecured debt will be discharged. At Silbiger Law Offices, our job is to guide our clients to a new and better life after bankruptcy. We take care of everything from filing papers in court, to negotiating with creditors to reduce your debt, to developing a repayment plan and getting it approved by the Court. It is important to consult with our attorney to receive an assessment of all options available to your specific situation.     msm�[�p 

Personal Injury

If you have been injured, or your property has been damaged, as a result of someone else’s negligence, you may be entitled to compensation. These situations could include:

  • Auto Accidents
  • Pedestrian Accidents
  • Medical Malpractice
  • Workers’ Compensation
  • Animal Bites

Call our offices and we will help you evaluate your circumstances to determine how best to pursue the appropriate restitution. Whether your injuries or damages were minor or severe, you shouldn’t go through this situation alone. Those whose actions caused your losses should be held responsible. We have extensive knowledge of the legal process and we can look deep into your case, collect evidence, and hold the negligent party accountable. We can help you through this difficult time without burdening you or your loved ones and receive the compensation you deserve.   

Criminal

Criminal charges are serious and a criminal record could put your future at risk. If you have been accused of a crime, you have the right to competent legal defense. At Silbiger Law Offices we represent clients in state and federal courts on charges ranging from minor offenses to serious felonies, including:

  • DUI/DWI
  • Traffic Violations
  • Assult & Battery 
  • Domestic Violence
  • White Collar Crimes
  • Drug Crimes

 We provide thorough representation, including investigations to obtain facts and evidence to mitigate any sentence or penalty that may be imposed upon you. Schedule an appointment today so we are able to review the charges against you, determine what elements the prosecution must satisfy to convict you, and assess if there are admissible facts and evidence present to support a conviction. 


Business Services

Whether you own a large business or a small, independent company, focusing on the legal implications can be stressful. By offering a variety of services, we have the resources and knowledge to provide ongoing legal support through things such as: 

  • Starting a Business 
  • Operating a Business 
  • Dispute & Resolution 
  • Trademarks & Copyrights  

We can walk you through the process of drafting the necessary legal documents and getting them filed. By assisting with ongoing services, we can help your business achieve your goals more efficiently. Working as a trusted advisor, we can help you through each of your business decisions to guide you to all of your business objectives. If you need assistance with Business formation, drafting, leases, negotiating or reviewing business contracts, or are involved in complex business litigation, we are available for consultation.

Real Estate

Real estate transactions are governed by various laws that address a wide variety of legal issues related to acquiring, financing, developing, managing, constructing, leasing, and selling commercial and residential property. All of these procedures and laws can be very complex and become easily confusing. We guide our clients through a variety of services including:  

  • Leases
  • Loan Documentation
  • Purchase & Sale Agreements
  • Escrow & Title

If you are a buyer, Silbiger Law Offices can:    

  • Ensure that you possess valid ownership documentation
  • Register legal documents pertaining to your real estate
  • Review real estate documents that relate to your title, mortgage, and taxes
  • Protect you from hidden liabilities with respect to your new property
  • Explain the terms of your purchase contract

Since real estate involves tremendous investments of money, time, and effort, it is important that you have an experienced attorney to guide you through each process and assist in any obstacles that you may face.