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Best Bankruptcy Attorneys in Wilmington

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Cross & Simon, LLC logo
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Cross & Simon, LLC

1105 North Market Street, Wilmington, DE 19801
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  • Chapter 7 Bankruptcy

Business Description

Cross & Simon, LLC is a bankruptcy law firm representing stakeholders, creditors, trustees, and debtors in chapter 7 and 11 bankruptcy cases and adversary proceedings. The company serves Wilmington and the surrounding regions. Other practice areas include corporate and commercial litigation, alternative dispute resolution, consumer protection, and transactional and personal services law. Founder Richard Cross established Cross & Simon in 2002. Cross is a member of the National Trial Lawyers and was selected to the Top 100 Trial Lawyers in 2011 and 2012.

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5.0
Facebook
5.0 / 5 (1)

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4.0
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Ferry Joseph, P.A. logo
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Ferry Joseph, P.A.

824 North Market Street, Wilmington, DE 19801
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  • Chapter 7 Bankruptcy

Business Description

Ferry Joseph, P.A., is a law firm that handles bankruptcy cases in Wilmington. The firm's team of bankruptcy attorneys deals mostly with corporate bankruptcy and represents creditors, debtors, official committees, plan administrators, and trustees. They handle bankruptcy litigation, case administration, case monitoring, and filing claims. The firm's Managing Partner, David J. Ferry, Jr., is regularly listed on Delaware Today Magazine as a top 100 lawyer and is a former president of the Delaware State Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (10)
Facebook
5.0 / 5 (4)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Frost & Associates, LLC logo
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Frost & Associates, LLC

1050 Connecticut Avenue Northwest, Washington, DC 20036
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Debt Settlement

Business Description

Frost & Associates, LLC, is a law firm that offers legal assistance regarding bankruptcy throughout Wilmington and the surrounding locations. Its team of bankruptcy attorneys has many years of experience with chapters 7, 11, and 13 bankruptcy options. The firm also offers services related to IRS and state collection matters, international tax compliance, estate planning, business law, tax litigation, and tax controversy. Managing partner Glen Frost is also a certified public accountant and financial planner.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
FindLaw
5.0 / 5 (4)
Gibbons logo
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Gibbons

300 Delaware Avenue, Wilmington, DE 19801
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  • Debt Settlement

Business Description

Gibbons P.C. offers assistance to the residents of Wilmington in different legal matters. This firm's practice areas include creditors' rights, intellectual property, data security, and product liability. Its bankruptcy attorneys provide fiduciary, creditor, and debtor representations in bankruptcy proceedings and conduct insolvency counseling sessions. They also handle state court litigations on issues such as commercial foreclosures and receivership. Moreover, they assist in chapter 11 plan confirmations and deal with work-out negotiations. Gibbons P.C. also represents corporate officers facing lawsuits after bankruptcies.

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Kasen & Kasen, P.C. logo
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Kasen & Kasen, P.C.

1000 North West Street, Wilmington, DE 19801
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

Kasen & Kasen, P.C. is a bankruptcy law firm serving Wilmington and its surrounding areas. Its attorneys handle matters concerning business and individual reorganizations, creditors' committees, and bankruptcy trustees. They guide individuals on personal bankruptcy options, helping them determine their eligibility and filing petitions under chapters 13, 12, 11, or 7 principles. They also defend clients against fraudulent transfer lawsuits, non-dischargeability actions, and confirmation contests. Additionally, they offer mortgage relief assistance, including loan modification, refinance, short sale, and forbearance.

Reputation:

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5.0

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Office of Vivian Houghton logo
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Law Office of Vivian Houghton

800 North West Street, Wilmington, DE 19801
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  • Debt Settlement

Business Description

The Law Office of Vivian Houghton handles bankruptcy cases in Wilmington. Houghton is a bankruptcy lawyer who has been practicing since 1981. She helps clients dealing with financial difficulty and guides them through the process of filing for either chapter 7 or chapter bankruptcy. Chapter 7 requires a mean test to determine if the client qualifies for this type of bankruptcy. Otherwise, the client can file for chapter 13. Aside from bankruptcy, Houghton also deals with real estate law.

Reputation:

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4.0
Google
4.0 / 5 (6)

Professionalism:

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Poole, Mensinger, Cutrona & Ellsworth-Aults logo
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Poole, Mensinger, Cutrona & Ellsworth-Aults

2710 Centerville Road, Wilmington, DE 19808
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Poole, Mensinger, Cutrona & Ellsworth-Aults is a debt relief agency based in Wilmington. Its bankruptcy law practice is led by Tiffany A. Poole, who serves as the Delaware Volunteer Legal Services president and has 20 years of legal experience. As a bankruptcy attorney, Poole strives to help families navigate the complex laws involved in chapters 7 and 13 bankruptcy. She helps debtors protect their assets from wage attachments and insistent creditors. This law office also handles family and elder law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Facebook
4.5 / 5 (57)

Professionalism:

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5.0
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Richards, Layton & Finger logo
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Richards, Layton & Finger

920 North King Street, Wilmington, DE 19801
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  • Debt Settlement

Business Description

Richards, Layton & Finger is a law firm that handles bankruptcy cases in Wilmington. The firm's team of bankruptcy lawyers represents creditors, debtors, institutional lenders, committees, acquirers, and investors in chapter 11 bankruptcies. They also deal with bankruptcy litigation involving contested cash collaterals, contested plan confirmation hearings, valuation and solvency, breach of fiduciary duty, and preferences and fraudulent transfers. Other areas of law that the firm deals with are administrative law, corporate transactions, intellectual property, corporate governance, and real estate services.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Young Conaway logo
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Young Conaway

1000 North King Street, Wilmington, DE 19801
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  • Debt Settlement

Business Description

Young Conaway is a law firm that has been providing legal help for distressed clients facing financial troubles for over half a century. The firm's Wilmington-based bankruptcy lawyers handle mass tort bankruptcies and settlement trusts, committee practice, bankruptcy litigation, debtor or corporate restructuring, and cross-border insolvencies. Young Conaway also represents clients in other areas, such as business and tax law, intellectual property, corporate litigation and counseling, and litigation and trial practice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (7)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Back to Providers

Frequently Asked Questions

What does a bankruptcy attorney do?

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

What happens when you file bankruptcy?

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Can you file bankruptcy on student loans?

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

What is bankruptcy fraud?

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

How long is bankruptcy on public record?

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Does bankruptcy clear tax debt?

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.


Can they take my car in Chapter 7 bankruptcy?

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

How bad is it to file bankruptcy twice?

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Can anyone file bankruptcy?

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

How will bankruptcy affect my credit score?

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

What are the benefits of filing for bankruptcy?

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

What's the difference between debt settlement and bankruptcy?

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

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