practice areas:

The Law Offices of Tran & Iserhien, PC is a full-service law firm. Our firm’s practice areas encompass a diverse spectrum that reflects the diversity of our clientele. Our specialty areas include bankruptcy, business law, civil litigation, debt resolution and settlements, estate planning, family law, foreclosure defense, immigration and personal injury.

Please select a practice area to learn more:

bankruptcy and consumers’ rights:

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, also known as liquidation bankruptcy, allows qualifying debtors to discharge the majority of their unsecured debts (i.e., credit cards, medical bills, personal loans, certain taxes). A Chapter 7 bankruptcy eliminates unsecured debts while allowing debtors to typically protect all of their property through state or federal law exemptions. You can choose to reaffirm the secured debts (i.e., car loan) you wish to keep.

Debts that are not dischargeable include domestic support obligations, most student loans, recent income taxes, malicious personal injury lawsuits and fraudulently incurred debts.

An experienced attorney at the Law Offices of Tran & Iserhien, PC will assist you through every step of the Chapter 7 process. Contact Us to find out how you can erase your debts and get a fresh start.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is a form of bankruptcy reorganization available to individuals, corporations and partnerships. It has no limits on the amount of debt, as Chapter 13 does. It is the usual choice for large businesses seeking to restructure their debt.

The debtor usually remains in possession of its assets, and operates the business under the supervision of the court and for the benefit of creditors. The debtor in possession is a fiduciary for the creditors. If the debtor's management is ineffective or less than honest, a trustee may be appointed.

A creditors committee is usually appointed by the US Trustee from among the 20 largest, unsecured creditors who are not insiders. The committee represents all of the creditors in providing oversight for the debtor's operations and a body with whom the debtor can negotiate an acceptable plan of reorganization.

A Chapter 11 plan is confirmed only upon the affirmative votes of the creditors, who are divided by the plan into classes based on the characteristics of their claims, and whose votes are a function of the amount of their claim against the debtor.

If the debtor can't get the votes to confirm a plan, the debtor can attempt to "cram down" a plan on creditors and get the plan confirmed despite creditor opposition, by meeting certain statutory tests. Chapter 11 is probably the most flexible of all the chapters, and as such, it is the hardest to generalize about. Contact Us to find out more about Chapter 11 and whether this is an option for you.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy allows a debtor to discharge debts after paying on a repayment plan over a three or five year period. Debtors can typically protect all of their property through state or federal exemptions as in a Chapter 7 bankruptcy. The payment is generally based on what the debtor can afford after considering all allowable monthly expenses. After the repayment plan is concluded the remaining unsecured debt is discharged.

Benefits of a Chapter 13 include the ability to payback arrearages on your mortgage and save your home, and strip junior mortgages. Paying back arrearages provides debtors with the opportunity to get back on their feet and pay back only a small portion of the delinquent payments over an extended period of time. Likewise, stripping junior mortgages is a powerful tool allowing the possible savings of hundreds of thousands of dollars.

The process of a Chapter 13 bankruptcy is complicated; therefore, the assistance of counsel is invaluable. An experienced attorney at the Law Offices of Tran & Iserhien, PC will assist you through every step of the Chapter 13 process. Contact Us to find out how you can save your home, strip your junior mortgages and reorganize your debt.

Consumer Rights – Creditor Harassment / Unlawful Business Practices

The Law Offices of Tran & Iserhien, PC takes seriously any illegal communications from a creditor. Our firm will stop any creditor that has violated the bankruptcy code or the Fair Debt Collection Practices Act. Our attorneys aggressively pursue legal remedies based on improper collection efforts.

Contact Us for more information regarding your legal matter.