Throughout his career Mike Brundage has devoted a substantial amount of his time to representing clients in matters involving bankruptcy law. Mike has handled matters involving virtually every aspect of bankruptcy, including representing creditors, debtors and other parties in interest in Chapter 11 reorganization cases. Over the years, Mike has successfully represented clients in Chapter 11 cases involving a broad spectrum of industries including real estate development, retail, energy, international shipping, manufacturing, publishing, hospitality, hotel and restaurant, timeshare, resorts, golf courses, multi-family housing, healthcare and aerospace. Very recently Mike represented several creditors in two very large Oil and Gas Chapter 11 cases pending in bankruptcy court in Houston Texas.
Mike also has had substantial experience representing an array of parties in a multitude of Chapter 7 and Chapter 13 bankruptcy cases including representing creditors, debtors and trustees in preference and fraudulent transfer litigation, stay litigation, asset valuation proceedings, claims objections, Chapter 13 confirmation proceedings, objections to discharge and dischargeability and bankruptcy appeals.
At Brundage Law, we represent businesses and individuals, as debtors or creditors, in Chapter 7, 11 and 13 bankruptcy cases.
Chapter 7 bankruptcy can be filed by businesses or individuals and generally involves the debtor surrendering all non-exempt assets to a Chapter 7 trustee in exchange for, in the case of an individual, a discharge of debts. Chapter 7 bankruptcy is also referred to as a liquidating bankruptcy because the non-exempt assets of the debtor are sold (liquidated) by the trustee to pay the debtor’s creditors. An individual Chapter 7 debtor is allowed to keep certain assets that are defined as exempt under applicable state or federal law, and still receive a full discharge of debts. For businesses, Chapter 7 is typically used as a means to settle all the affairs of a failed business in one proceeding in a timely and cost effective manner, and to stop costly litigation. Once a Chapter 7 bankruptcy case is filed, an automatic stay goes into effect that prohibits any creditor from taking any further action to collect a debt owed by the debtor. All actions related to any debt owed by the debtor must be pursued in the bankruptcy court.
We represent both debtors and creditors in Chapter 7 cases and many of our engagements are done on a flat fee basis. Please call or email us if we can be of assistance.
Chapter 11 reorganization cases can be filed by businesses and individuals and involve the debtor creating a Chapter 11 plan which, if confirmed by the bankruptcy court, becomes a legally binding agreement among the debtor and the creditors as to how the debtor’s debt will be repaid. Chapter 11 cases are more often filed by businesses than individuals and, in either case, determining the advisability and feasibility of filing Chapter 11 involves a complex analysis. At Brundage Law, we have the experience and knowledge to assist our clients to make the right choices at the outset as to whether and under which Chapter the client may wish to seek relief in bankruptcy court.
On the creditor side, we represent secured lenders, trade creditors, unsecured creditors, asset buyers, litigation creditors and virtually any party who may have a claim against a Chapter 11 Debtor. We are creative with our representation agreements which can often lead to cost savings for our clients. We are available to consult with non-bankruptcy counsel and regularly act as special bankruptcy counsel, local counsel, or co-counsel with referring lawyers. Please call or email us if we can help.
On the Debtor side, we are available to handle Chapter 11 cases of varying sizes. Our fee arrangements and engagement terms vary depending on the size and nature of the case. If you are considering filing Chapter 11 call or email us and we will consult with you free of charge.
Chapter 13 is available to individuals only and involves the debtor filing a Chapter 13 plan of rehabilitation, which, if confirmed by the bankruptcy court, becomes the operative agreement between you and your creditors. Chapter 13 is often pursued by individuals whose home is in foreclosure because Chapter 13 allows the debtor to reinstate a defaulted mortgage and has allowed many Americans to save their homes from foreclosure. Chapter 13 also helps people who are deeply in debt with credit cards and other unsecured debt. Under a Chapter 13 plan, the Debtor can be rid of numerous credit card debts by making one monthly through the Chapter 13 trustee calculated by determining your disposable income. Oftentimes, through Chapter 13 plans, individuals are able to discharge thousands of dollars of credit card debt for pennies on the dollar. Chapter 13 is complex and involves many rules. If you are considering filing Chapter 13 please call or email us and we will consult with you for free for 30 minutes.
We also represent creditors in Chapter 13 cases. Many of our creditor engagements can be done on a flat fee basis.