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Our practice emphasizes the areas of consumer and small business bankruptcy. We protect the rights of all our clients by filing bankruptcy under the appropriate chapter that best serves their interests and meets their goals and objectives.

There are primarily 3 chapters of bankruptcy that are used which will be explained briefly below. However there are some common factors and benefits in each type of bankruptcy.

When a bankruptcy petition is filed the automatic stay goes into effect and all lawsuits that have been commenced against the debtor must stop immediately, unless the bankruptcy court grants a creditor or other potential litigant permission to lift the automatic stay. If there is the potential for litigation to be commenced, when a petition is filed the automatic stay is in place and no litigation can be started. Only criminal litigation is exempt from this.

CHAPTER 7 BANKRUPTCY: The CHAPTER 7 BANKRUPTCY is often referred to as a straight “liquidation” bankruptcy. This is utilized both by individuals and businesses that cannot pay their debts and have little to or no nonexempt assets.

There are various debts that cannot be discharged in a CHAPTER 7 BANKRUPTCY which include among other things criminal charges, restitution orders, any form of victim compensation, alimony or child support, recent tax debts and with rare exceptions student loans.

The CHAPTER 7 BANKRUPTCY will provide you with a fresh start, and then you will be able to rebuild your credit.

Under both federal and New Jersey state law you are allowed a certain amount of exempt assets which will not be at risk in the bankruptcy proceeding. Retirement accounts are exempt.

CHAPTER 11 BANKRUPTCY: The CHAPTER 11 BANKRUPTCY is generally referred to as a business reorganization because it allows a business the opportunity to restructure and pay creditors for a plan in a specific matter in fashion that would not be available to them outside of bankruptcy.

The CHAPTER 11 BANKRUPTCY is also utilized by individuals whose assets exceed the limits for CHAPTER 13 BANKRUPTCY.

The CHAPTER 11 BANKRUPTCY is a very complicated and a unique type of bankruptcy in which very few attorneys are experienced and skilled. The processes of a CHAPTER 11 BANKRUPTCY are extremely complex and time-consuming.

CHAPTER 13 BANKRUPTCY: This type of bankruptcy is utilized when you have assets that you want to protect and is frequently referred to as a wager’s plan. A typical CHAPTER 13 BANKRUPTCY payment plan lasts between 3 to 5 years and you will receive a discharge of your unsecured debts at the end of the plan.

Through the use of a CHAPTER 13 BANKRUPTCY plan you can organize payments of non-dischargeable debts into a more manageable fashion and be able to stop any litigation that is been commenced against you as well.

Emergency bankruptcy petitions: These petitions will stop wage garnishments, mortgage foreclosure actions, and sheriff sales immediately upon filing the automatic stay goes into effect and all litigation ceases until further order of the bankruptcy court. An emergency petition can be filed in 1 to 2 days.

Adversary proceedings: When a creditor or trustee believes that something appropriate has been done or there is a challenge to the discharge of a debt, or tax debts are involved, an adversary proceeding is required. This is frequently like a miniature trial within the scope of the bankruptcy but is not included in representation for a basic bankruptcy.

Bankruptcy provides many benefits and there’s a lot more detail to each chapter than the brief information presented above. Please contact this office for free consultation and learn the power of Bankruptcy.

Bankruptcy can also be used to eliminate your unsecured debts, and in a separate second Bankruptcy proceeding, it can be utilized for elimination of second and third mortgages

Client Reviews
  • "Mr Boyer is a very successful and helpful Lawyer, Also an encouraging and responsible person. Thank you very much Mr Boyer and Marta (who works for him )." - Seher

  • "I just finished writing a book and hired a graphic designer to illustrate it. Mr. Coffy drafted a contract for us both to sign and it was excellent! He created several clauses in the contract that addressed issues that I would have not even considered. He definitely knows how to think outside of the box." - Matthew

  • "Mr Boyer answered all the questions we had regarding our bankruptcy and made a difficult time in our lives much easier! Leonard Roy Boyer’s response: “Thank you very much for the kind words Mike. I am glad that I was able to help and make a positive difference in your life. ”" - Mike

  • "Both my wife and I were very pleased with Mr. Boyer and his entire firm's staff. Ms. Martha was great as well. Aside from his professionalism, he has solid people skills. Leonard Roy Boyer’s response: “Thank you Tomas. We appreciate all our clients. We enjoy being able to help them and whenever possible make their lives better. ”" - Tomas

  • "Mr. Boyer has helped us tremendously with our case. Nobody else dedicated so much attention to detail and effort. We cannot thank him and his staff enough. Leonard Roy Boyer’s response: “Thank you, it is a pleasure to know that my efforts and that of my staff were able to help you and make a positive difference.”" - anonymous

  • "Hiring Leonard Boyer was the best decision I made; he and his office manager Martha Cordova were with me through the entire timeshare exit process; thank you for your professionalism and patience, I would highly recommend Leonard and his team" - Altagracia Rodriguez

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