Individuals requiring the "fresh start" provided by a personal bankruptcy filing find great comfort placing their future in the hands of RLT.
The firm prides itself on a highly informative initial consultation in which the alternative forms of bankruptcy relief, Chapter 7, Chapter 11, and Chapter 13 will be discussed in detail so that the determination can be made as to which type of bankruptcy best serves the client's needs.
If Chapter 7 is being considered, a detailed analysis of the potential applicability of the New Jersey state exemptions, and the alternative impact of utilizing the federal exemptions will be explored. Time will be spent explaining the Chapter 7 process in detail, the necessity of obtaining a credit counseling certificate before commencing a bankruptcy case, the applicability of the means test, what constitutes property of the debtor's bankruptcy estate, and the impact of potential avoidable preference or fraudulent conveyance actions. The necessity of taking a debtor education course prior to receiving a discharge, and the prospect of non-dischargeability litigation under §§ 523 and 727 of the Bankruptcy Code, will also be discussed. The experience of the firm's attorneys in all aspects of the Chapter 7 arena will ensure a smooth path to a fresh start.
In those circumstances where a Chapter 7 filing is not an option, RLT will explore the pros and cons associated with a Chapter 13 alternative, including the necessity of making monthly plan payments of all excess disposable income in an amount which may exceed the practical capabilities of the client, the consequences of the failure to complete plan payments, and the reality that most Chapter 13 debtors never obtain a discharge.
In these rare circumstances where an individual debtor does not qualify for relief under either Chapter 7 or Chapter 13, the option to pursue Chapter 11 will be explored, with an emphasis of the particular nuances involved in an individual Chapter 11 case, including the fact that post-petition income from services constitutes estate property and the special rules regarding the requirements for confirmation when an unsecured creditor objects.
Rabinowitz, Lubetkin & Tully, LLC is a eight (8) lawyer firm that focuses its practice in the areas of bankruptcy, civil litigation, and commercial real estate. RLT’s attorneys are leaders in their field. Chambers USA, which lists America’s leading lawyers for business, and is a highly-respected legal directory based on in-depth interviews with in-house counsel and private practice attorneys, recently ranked RLT ahead of many larger well-respected firms. RLT was described as "deliver[ing] effective, timely and beneficial services that yielded favorable results." RLT was also noted as "hav[ing] tremendous knowledge and [the ability to] do timely and efficient work."