Delaware Bankruptcy Lawyer

The Law Office of Vivian Houghton is a Delaware bankruptcy and real estate law firm that helps individuals through the real estate process, Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. Our staff of four paralegals and legal assistants is experienced in Chapter 7, Chapter 13, and real estate. We provide our clients with the best, quickest service allowed by court time frames.

Bankruptcy is a personal decision that should not be made lightly. Our team of experienced lawyers and staff helps our clients with bankruptcy. Ms. Houghton is up to date on all of the new bankruptcy rules and foreclosure programs, allowing her to help her clients make an intelligent decision regarding their finances.

While the new bankruptcy rules make it harder to qualify for a Chapter 7, there are several deductions that can be taken, so even if you do not think you can qualify, visit a Delaware bankruptcy lawyer anyway. These deductions may bring a client’s income below the new threshold, allowing him or her to file for bankruptcy under Chapter 7.

Should a client not qualify for Chapter 7, even with the deductions, this Delaware bankruptcy lawyer can help him or her choose a Chapter 13 reorganization. Chapter 13 reorganization involves putting together a repayment plan.

If you are in the process of a real estate transaction, the Law Offices of Vivian Houghton can help. Our staff is experienced with providing qualified representation for those involved with real estate closings, purchases, and refinances.

Need Delaware Bankruptcy Information?

Bankruptcy procedure is dictated by the Federal Rules of Bankruptcy Procedure, often referred to as the “Bankruptcy Rules” or the “Bankruptcy Code.” A Delaware bankruptcy attorney will explain a debtor’s rights under the Bankruptcy Code. Additionally, bankruptcy courts have local rules. These rules dictate the formal legal procedure for dealing with debt problems.

For each judicial circuit in the country, there is a bankruptcy court. Each state has at least one district. But depending on the size of the state, it may have more than one district. Each bankruptcy court generally has its own clerk’s office. A bankruptcy judge may decide any matter connected with a bankruptcy case. A Delaware bankruptcy lawyer advises a person of his or her rights, of the procedural code for bankruptcy and makes sure the bankruptcy filing is concurrent with the current Bankruptcy Code and local rules.

Most of the bankruptcy process for Chapter 7 liquidation and Chapter 13 reorganization is administrative and is carried out by a trustee. For each bankruptcy case, a trustee is assigned to oversee the case. One of the few times a debtor has to appear before the trustee is for the Meeting of Creditors (also known as a “341 Meeting,” so called because Section 341 of the Bankruptcy Code requires that the debtor attend this meeting) or if an objection is raised in his or her case. An individual who files Chapter 13 reorganization may also have to appear before the judge at a plan confirmation hearing.

At the end of the case, a bankruptcy discharge is given. The bankruptcy discharge releases debtors from personal liability from specific debts. It prohibits creditors from taking action against the debtor to collect those debts.

The Law Office of Vivian Houghton, an experienced bankruptcy firm, keeps up with the changes in the bankruptcy code, such as the extensive changes enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. This act requires the application of a means test to determine if an individual consumer qualifies for relief under Chapter 7 of the Bankruptcy Code.

If a debtor does not qualify under Chapter 7, he or she can file under Chapter 13. Filing under Chapter 13 allows the debtor to remain in possession of certain property of the estate and to make payment to creditors over a set time period.

When a debtor files under Chapter 13, his or her bankruptcy attorney helps him or her to devise a repayment plan that the bankruptcy court will accept. Once the bankruptcy court accepts the plan and all payments are made according to the plan, the bankruptcy is discharged.

Contact a Qualified Delaware Attorney Now

Contact an experienced bankruptcy and a qualified Delaware real estate lawyer today for assistance with your specific needs. The Law Office of Vivian Houghton provides clients with timely, effective service. We understand that bankruptcy and real estate matters are personal issues that are not taken lightly, we help you make educated decisions.

The experienced bankruptcy and Delaware real estate attorneys at the Law Office of Vivian Houghton are easy to get to from I-95!

From North Bound I-95 you take Exit 7-Delaware Avenue. At the top of the ramp make a right on to 9th Street. Go down approximately 9 blocks to Tatnall Street. Make a right onto Tatnall. Go down 1 block and make a right onto 8th Street. Go down 1 block and make a right onto West Street. We are right on the corner.

From South Bound I-95 you take Exit 7A- Delaware Avenue. Stay Straight to go onto 11th Street. Bear towards the right onto Delaware Avenue. Turn right on to Tatnall Street. Go down 2 blocks and make a right onto 8th Street. Go down 1 block and make a right onto West Street. We are right on the corner.

There is plenty of parking, but bring quarters for the meter.

*Based on petitions filed in the U.S. Bankruptcy Court, District of Delaware, since January 2021.