David Edelberg
Partner
201-896-7701 dedelberg@sh-law.com
Federal Bankruptcy
The Scarinci Hollenbeck Bankruptcy & Creditors’ Rights Practice Group handles all aspects of insolvency law associated with federal bankruptcy matters.
Key Contacts
Federal Bankruptcy
Our Approach
Federal Bankruptcy – Overcoming Challenges
Scarinci Hollenbeck’s Bankruptcy & Creditors’ Rights Practice Group handles all aspects of insolvency law associated with federal bankruptcy matters. We provide creative and cost-effective services to both creditors and debtors, working tirelessly to overcome the variety of challenges that often arise in bankruptcy.
What Federal Bankruptcy Attorneys Do
Federal bankruptcy law grants legal protection to both debtors and creditors. However, navigating the process can be challenging. Relying on a deep bench of attorneys with experience in areas such as tax, real estate, and corporate law, our Federal Bankruptcy Group is equipped to handle the most complex matters.
The firm’s attorneys appear regularly in the federal bankruptcy courts in New Jersey, New York, and throughout the country. Our attorneys are intimately familiar with the Federal Rules of Bankruptcy Procedure, as well as the local rules of each bankruptcy court.
Scarinci Hollenbeck’s bankruptcy lawyers have decades of experience handling federal bankruptcy matters arising out of Chapter 7, Chapter 11, and Chapter 13 of the Bankruptcy Code. Matters that we routinely address include:
- Avoidance Actions
- Business Liquidations
- Chapter 11 Reorganizations
- Claim Objections
- Corporate and Real Estate Receiverships
- Creditors’ Committees
- Executory Contracts
- Judgment Collection/Execution
- Jurisdictional Issues
- Multi-district & International Matters
- Discharge Litigation
- Out of Court Settlements
- Plans of Reorganization
- Plan Confirmations
- Pre-Judgment & Post-Judgment Remedies
- Section 363 sales
- Stay Relief Litigation
- Valuation Issues
- Intellectual Property Issues
Who Our Bankruptcy Attorneys Help
Scarinci Hollenbeck’s Bankruptcy Group serves local, national, and international lending institutions, banks, investment firms, insurance companies, and securities brokers and dealers. We also represent public and private corporations of all sizes and across all industries. The firm’s diverse clientele also includes real property owners, banks, developers, and investors, as well as secured and unsecured creditors.
Given our vast experience, creditors’ committees, bankruptcy trustees, and receivers often call on us for legal advice. We also regularly work with out of state law firms whose clients become involved in New Jersey and New York insolvencies.
FAQ about Federal Bankruptcy
Bankruptcy is governed primarily by federal law under the U.S. Bankruptcy Code, which standardizes procedures across all states. While state laws may influence exemptions and property rights, the bankruptcy process itself is handled through federal bankruptcy courts.
It depends on your financial situation.
- Chapter 7 is typically for individuals or businesses seeking to discharge unsecured debts.
- Chapter 13 allows individuals with regular income to reorganize debt through a payment plan.
- Chapter 11 is commonly used by businesses that wish to continue operating while restructuring their obligations.
Our bankruptcy attorneys can help determine the best option based on your assets, liabilities, income, and long-term goals.
Once a bankruptcy petition is filed, an automatic stay goes into effect. This federal protection stops most collection actions, including lawsuits, foreclosures, wage garnishments, and harassing phone calls. Creditors must work through the bankruptcy court moving forward.
Not necessarily. Bankruptcy laws allow for exemptions that protect certain types of property, such as your primary residence, personal belongings, retirement accounts, and vehicles. We analyze your assets under both federal and applicable state exemption laws to help you retain as much as possible.
Yes. Businesses typically file under Chapter 11, which allows them to restructure debts and continue operations under court supervision. In some cases, small businesses may qualify for streamlined proceedings under Subchapter V of Chapter 11.
The timeline varies:
- Chapter 7 cases are generally resolved in 3–6 months.
- Chapter 13 repayment plans last 3–5 years.
- Chapter 11 can take several months to years depending on the complexity of the restructuring.
Our firm provides ongoing counsel throughout the process to ensure timely filings and compliance.
Most unsecured debts—such as credit card balances, medical bills, and personal loans—can be discharged under Chapter 7 or Chapter 13. However, certain obligations, like student loans, child support, recent taxes, and court fines, are generally non-dischargeable unless specific criteria are met.
Filing for bankruptcy will impact your credit score initially, but it also clears many delinquent accounts, allowing for a financial reset. Many clients are able to start rebuilding credit soon after discharge through secured credit cards or responsible repayment of new obligations.
While it is legally possible to file pro se (without an attorney), bankruptcy law is complex and full of procedural requirements. A single mistake can lead to delays, dismissal, or loss of protections. Our experienced federal bankruptcy attorneys ensure compliance and advocate for the best possible outcome.
In some states, debtors can elect between using federal bankruptcy exemptions or state-specific ones. In others, you are required to use your state’s exemption system. We will review your jurisdiction and asset structure to determine which exemption set provides the most protection.
OUR commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm a solid reputation.
Scarinci Hollenbeck is a business law firm based in New Jersey, New York servicing clients worldwide.
If you have a legal need that is not mentioned, please contact us to discuss how we may help you.
Contact us today to learn more about how we can assist you.
Practice Area Attorneys
Why Choose Us?
Dedicated attorneys
At Scarinci Hollenbeck, our attorneys are forward-thinking professionals dedicated to the ongoing enhancement of their legal expertise. They stay informed of legal developments, engage in professional bar associations, contribute to legislative initiatives, and actively engage in speaking opportunities—all to provide the highest quality service possible.
Strategic Counsel
In today's dynamic economy, businesses face complex challenges. We understand that these challenges require innovative, multi-faceted solutions. Through a collaborative, cross-practice approach, our attorneys leverage a wealth of experience across various legal disciplines to devise effective strategies tailored to meet our clients’ needs.
Proven Experience
For over 35 years, Scarinci Hollenbeck has offered comprehensive legal services to businesses both locally and globally. Our attorneys draw on extensive industry knowledge, representing clients in sectors such as real estate, entertainment, technology, and energy. We take pride in the successful outcomes we consistently achieve.
Client-First Focus
Our commitment to being a client-first law firm is rooted in open communication, meticulous attention to detail, and adaptability. We work closely with clients to ensure a transparent process, earning their trust through comprehensive guidance. This steadfast commitment is why clients continue to rely on us for their most complex legal challenges.
