Collins & Arnove is a medium sized Bankruptcy firm who handles only Bankruptcy cases. We generally file about 8% to 10% of the cases in the Eastern District of Texas. The last 3 years our totals have been:
|Year||Chapter 7 Cases||Chapter 13 Cases||Total Cases|
The vast majority of cases are routine and don’t require hearings in front of the judge, motions, or litigation.
However, some cases do get more complex requiring complex motions and /or negotiations. Below are some examples of some non-routine matters that we have handled:
- [In re: KS] Our client had a judgment issued against her. The client woke up one morning to find out that her money had been cleared out of her bank account (about $8,000). We immediately filed an emergency Chapter 7 to stop any future collection activity. In turns out the money in her account had not been taken by the creditor yet. Rather, it had been frozen by her bank in anticipation of a garnishment order. We were able to put the automatic stay into place stopping all collection activity by filing the case quickly (prevent the garnishment going final). We were then able to file a Motion to Release Funds and have the bank turn over all the money back to our client.
- [In re: JC and AC] Client filed a Chapter 13 to reorganize arrears on their mortgage. The mortgage company thought they were still entitled to foreclose on his property. Our firm filed an adversary proceeding against the creditor to get an injunction against the foreclosure and assert a claim for an automatic stay violation. The creditor halted the foreclosure and paid a settlement to our client.
- [In re: JA] Client had 6 lawsuits against him and over $185,000 in unsecured debt. Upon filing we filed suggestions of bankruptcy is each state court action staying those proceedings. The creditors who filed suit dismissed all the claims. Client was able to get a Chapter 7 discharge of all the unsecured debt and keep $14,000 in money in his bank account and the rights to a pending personal injury claim.
- [In re: CD] Client had car payments and IRS installment plan payments of over $1400 per month. In a Chapter 13 we were able to cram down the value of both vehicles and allow him to pay back his IRS debt at 0%. Client in Chapter 13 went from over $1500 per month to $550 per month. Client exited the case with no unsecured debt, both cards paid for, and no money owed to IRS.
- [In re: AB] Client was a high income individual having about 60k in unsecured debt. The payment inside his Chapter 13 was substantially lower than the minimum payments servicing the debt on his own. Client was actually able to refinance his mortgage due to decreased payment load inside the 13 saving him an additional $500 per month.
- [In re: PB] Client had a federal tax lien of over $125,000. We were able to file a Chapter 13 and cram down the IRS lien to $7500 per month and a payment of $250 per month. Client had to pay no money to general unsecured creditors.
- [In re: JA and MA} Clients had over $562,000 in unsecured debt and were facing a lawsuit against an aggressive creditor. Clients were high income individuals with a gross annual income of over $285,000. We were able to file as a Chapter 7 due to the non-consumer debt exception. Client did have some non-exempt money in bank account of about $20,000. We were able to work out a deal with the trustee to pay back that $20,000 in six monthly installments allowing the client to maintain the cushion with their bank accounts.
- [In re: CS] Client was a former very high income individual who was experiencing a temporary reduction in income. Client had over $450,000 in unsecured debt, a secured loan against personal property of over $185,000, and arrears on a mortgage. We were able to file a Chapter 7 and discharge the unsecured debt. We were to avoid the lien on personal property saving the client $95,000 on the secured loan. Finally, we were able to obtain a mortgage modification putting the arrears on the end of the note making him current when he exited the case.
- [In re: JW] Client had about 50k in credit card debt due to a recent divorce. The client was dealing with a former spouse who owed her money but would not pay. Client was out of money and could not afford any other legal fees. The claim against the former spouse was exempt (belonged to the debtor). We were able to work out a deal with the Chapter 7 trustee waive the exemption and allow him to pursue the claim. The debtor walked away getting a Chapter 7 discharge wiping out all the credit card debt along with the trustee writing her a check of over $8,000.