Why Bankruptcy?

Bankruptcy is an option that should be considered very carefully after considering all options. Bankruptcy offers some very power tools to individuals and corporations, but you need an attorney to help you navigate through process. Blake Lindemann will help you make the decision as to whether bankruptcy is the right option for you and the proper strategy. Whether you are receiving harassing phone calls, lawsuits, foreclosure actions, pressure from creditors, or even wage garnishments, call today at 310-279-5269.

In addition, we assist individuals and entities with out of court resolution of disputes concerning debtor-creditor-issues. If you are debtor or creditor that is trying to better understand your alternatives, or you seek remedies available to creditors trying to collect a debt, call today.


The Bankruptcy laws may allow debtors to do one or all of the following:

  • Discharge debts in Chapter 7, Chapter 13, and Chapter 11 cases. A discharge means your debts will effectively be erased and creditors will be enjoined from collecting against you any further. There are certain exceptions that Blake Lindemann can discuss with you in a consultation.

  • Strip or avoid wholly unsecured liens. In other words, if your property is worth $300,000.00 based on fair market value appraisal, and your senior mortgage is $400,000.00, and your second mortgage is $100,000.00, you may be able to avoid the second mortgage.

  • In some instances, you may be able to force a “modification” or cramdown lenders concerning a senior deed of trust or mortgage in a Chapter 11 or Chapter 13.

  • Resolve your disputes in one forum.


Common Negative Misconceptions Of Bankruptcy

Will Bankruptcy Have A Catastrophic Effects On My Credit?

This is the most common misconception or reason people don’t file bankruptcy. According to a company we partner with in evaluating debts, creditxpert TM, and Myhorizon TM, Credit scores usually go up after you file for Bankruptcy because in most instances, bankruptcy reduces the debt on your balance sheet so you appear to be a better credit risk. Obtaining secured loans takes a year to two years, but can be accomplished after filing bankruptcy. We find that the predictions of creditxpert TM, and Myhorizon TM usually turn out to be accurate.


Do I Make Too Much Money To Qualify For A Chapter 7 Bankruptcy?

Qualifying for Chapter 7 bankruptcy, and the proper chapter of bankruptcy to file for, is a complex question. The laws did change in 2005, and the so called means test was imposed on debtors as a restriction for filing chapter 7 bankruptcy as to some individuals. The means test says that if you are earning too much money, you cannot file for chapter 7 bankruptcy. However, there are several exceptions to the means test, and several deductions that may be taken that may allow you to qualify for Chapter 7 bankruptcy. It is important to talk to somebody knowledgeable, and to talk to more than one attorney if you are advised you do not qualify for Chapter 7. Issues also come up concerning debt limit in Chapter 13 Bankruptcy cases, and the courts have divergent views on eligibility concerning debt limit in filing a Chapter 13 Bankruptcy.


Doesn’t The Process Of Bankruptcy Take A Long Time?

A Chapter 7 takes 3-4 months from start to finish and usually requires you to attend one meeting. You do not even have to appear before a Judge in most instances. Chapter 13 and Chapter 11 can take additional time but while you are going through the process, you are protected from collection activities.


Will I Lose My House If I File Bankruptcy?

Bankruptcy will not allow you to save your home in every instance, but it won’t add to your problems. In a Chapter 7, it will delay foreclosure activities. In a Chapter 11 or Chapter 13, you may be able to cramdown or force modification for properties you do not live in, or cure arrears on senior liens of properties you do live in.


Can I Afford Bankruptcy?

Bankruptcy does cost money in fees, but we do our best to make the process as affordable as possible. Call us for a free quote.



Why Blake Lindemann?

Blake Lindemann and his staff focus primarily in bankruptcy law and debtor-creditor disputes. If you require assistance in filing for bankruptcy or a bankruptcy related matter, call us today at 310-279-5269 or fill out the form to the right. The initial consultation is always free. The laws have changed making Bankruptcy more difficult then ever. However, Blake Lindemann’s resources will allow you to navigate through the process.


The firm uses the most up to date technology to help its clients including Best Case Bankruptcy Software, PACER, CIN Legal Data Services, and CM/ECF Electronic Filing. In addition, the firm schedules appointments from 9:00 A.M. to 8:00 P.M. Monday through Friday, and on weekends in some instances to work around your schedule.


You may call us 24 hours a day, 7 Days a week to schedule an appointment. If we are not available, please leave a message, and we will return your call.


For more information about Blake Lindemann please select the “Attorney Bio” tab above.