The firm regularly represents both debtors and creditors in proceedings filed under Chapters 7, 11 and 13 of the Bankruptcy Code. Mr. Johnson has also filed and has experience in cases under Chapter 12 of the Bankruptcy Code. Typically, individuals file under Chapters 7 (a liquidation) or 13 (a reorganization) of the Bankruptcy Code, and businesses file under Chapter 11 (a reorganization), while family farmers and fishermen file under Chapter 12. However, each case is unique and requires the expertise of an attorney who has specialized knowledge and experience to help determine what is best in your specific case. Mr. Johnson is Board Certified in Business Bankruptcy Law by the American Board of Certification. Only a small number of attorneys have obtained that privilege in the State of Nevada. For a link to the American Board of Certification's list of Board Certified attorneys, click here.
The firm has assisted numerous troubled businesses and helped them to effectively reorganize so that they have become profitable once again. Our approach to bankruptcy filings can best be characterized as aggressive, thorough, and at the same time, efficient.
When representing creditors, we carefully review all bankruptcy filings to determine whether a specific debtor is entitled to a discharge under the Bankruptcy Code, and whether grounds exist to object to the debtor’s discharge or to file an objection to a particular bankruptcy plan for abuses of the "good faith" requirement set forth in the Code. In addition, through a careful analysis of the facts of each particular filing, we assist the client in determining whether to attempt to reaffirm a particular debt. Reaffirmation of a debt is oftentimes an important and effective tool in mitigating a creditor's losses incurred as a result of the bankruptcy discharge. Many creditors have the mistaken belief that once a debtor files for protection under the bankruptcy code, they can no longer be paid. When appropriate, we file adversary proceedings, or lawsuits within the bankruptcy case itself, to compel debtors to comply with the Bankruptcy Code provisions that mandate debtors to reaffirm particular debts, redeem or surrender collateral, or to obtain an order excepting certain debts from discharge. On numerous occasions the firm has successfully obtained orders denying debtors the opportunity to discharge particular debts owed to the firm’s clients.
Through years of experience we have gained a reputation of honesty, integrity, and accuracy with bankruptcy judges and bankruptcy trustees, and with that reputation we have assisted our clients who were struggling financially to free themselves from debt. Our firm also takes aggressive action to protect and preserve collateral on behalf of both debtors and creditors throughout the bankruptcy process. Where appropriate, our firm will object to a debtor’s treatment of a creditor’s claim or object to a creditor's inappropriate claim of a debtor's debt. By closely and thoroughly examining valuation issues and ensuring strict compliance with the Bankruptcy Code, we have been able to effectively free honest debtors from strapping debt, and oppose debtors attempts to discharge debts without the requisite showing of good faith. The attorneys in our bankruptcy practice area are members in a variety of national and local Bankruptcy organizations, and regularly attend seminars on current bankruptcy topics, including seminars taught by the Norton Institute on Bankruptcy and the American Bankruptcy Institute. Consumer and non-consumer bankruptcy filings and related bankruptcy litigation are routinely handled in the Bankruptcy Courts for the District of Nevada, as well as for the Districts of Utah and Colorado.
When representing business debtors, where appropriate, we carefully review pre-bankruptcy issues with the client in an effort to formulate non-bankruptcy workout measures so that the client may avoid the costs and the burden of filing bankruptcy. When bankruptcy is necessary, we work with the client in an effort to formulate a viable plan of reorganization, giving the client both the time and the means to turn the company around and make its business profitable. We aggressively oppose any attempt by the creditors’ committee or by secured or unsecured creditors to diminish the value of the company’s assets, or to hinder the company’s ability to reorganize. We also have contacts that the client may utilize in refinancing its debts, or who may assist the client in selling property and equipment that is unnecessary to the continued and revitalized strength of the