Boise Bankruptcy Lawyers

Schedule a Confidential Consultation With Our Boise Bankruptcy Attorney Today

If you are a party to a Chapter 7, Chapter 11, or Chapter 12 bankruptcy in Idaho, whether as a creditor or debtor, as an individual, as a representative of a company, or as a corporation or other corporate entity, you risk unnecessary financial loss if the matter is not handled properly.

At Johnson May, our Boise bankruptcy attorneys have the professional skills, legal knowledge, and proven experience to protect your rights and your interests. If you have any questions about the bankruptcy process, contact us at our Boise office today for a confidential initial consultation. We offer a free consultation to help you understand your options and provide accessible, risk-free legal advice.

An Overview of Bankruptcy: Your Guide to the Basics

For a number of different reasons, a person, family, business, or organization could end up facing serious financial distress. Bankruptcy law is a legal option that exists to help an insolvent debtor (individual or entity) manage their financial affairs in an orderly manner. In other words, filing bankruptcy is a legal procedure that allows people or businesses to seek relief from debts they are unable to repay. It involves either the outright liquidation of assets to pay creditors, the creation of a repayment plan under the protection of the bankruptcy court, or a combination of both. From our Idaho state bar registered lawyers, here are some key points to understand about the law and the process:

• What are the Types of Bankruptcy? There are actually several different distinct types of bankruptcies and proceedings. Each type is designed to achieve a separate purpose. The most common types of bankruptcies for individuals are Chapter 7 and Chapter 13. The most common type for businesses is Chapter 11. Chapter 7 bankruptcy involves liquidating assets to pay off debts. In contrast, Chapter 13 and Chapter 11 involve reorganizing debts and setting up plans to pay creditors over time.
• How Does the Process Work? As a general matter, the bankruptcy process technically begins with filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized/has its principal place of business. The filing should include all relevant financial documents detailing assets, liabilities, income, and expenses. Following the filing, creditors are temporarily prohibited from taking collection actions against the debtor. This is known as the automatic stay. After it is put in place, the bankruptcy court then appoints a trustee to oversee the case. Some debts are dischargeable through bankruptcy, meaning they can be eliminated, while others are not.
• Is Bankruptcy Federal or State Law? Bankruptcy is primarily governed by federal law. More specifically, the United States Bankruptcy Code. While federal courts handle bankruptcy cases, state law is relevant as well. For example, Idaho law still influences property exemptions. Individuals can claim certain exemptions to protect assets from creditors. Consult with a Boise bankruptcy attorney who is familiar with the intricacies of Idaho law.
• What Debts May Not Be Eliminated? Not all debts can be wiped out in bankruptcy. For example, certain types of debts such as student loans, child support, and taxes are often not dischargeable in bankruptcy.

Types of Bankruptcy: Chapter 7, Chapter 11, and Chapter 13 Explained

When considering bankruptcy, it’s essential to understand the different chapters available under the United States Bankruptcy Code, as each offers unique solutions for individuals and businesses facing financial hardship. The most common types—Chapter 7, Chapter 11, and Chapter 13—each serve distinct purposes and are designed to address specific financial circumstances.

• Chapter 7 Bankruptcy: Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, is the most common type for individuals who are unable to pay their debts. In this process, a bankruptcy court appoints a trustee to oversee the liquidation of non-exempt assets, with the proceeds distributed to creditors. This chapter is particularly helpful for those burdened by unsecured debts such as credit card balances or overwhelming medical bills. Once the process is complete, most remaining debts are discharged, giving the debtor a fresh start. Chapter 7 is governed by federal law, and the guidance of an experienced bankruptcy attorney is crucial to ensure that your interests and assets are protected throughout the bankruptcy process.
• Chapter 11 Bankruptcy: Chapter 11 bankruptcy is primarily used by businesses, but it can also be an option for individuals with complex finances or significant assets. Unlike Chapter 7, Chapter 11 focuses on debt reorganization rather than liquidation. Businesses or individuals work with bankruptcy attorneys to develop a court-approved repayment plan that allows them to restructure their debts and continue operations. This chapter is ideal for companies seeking to remain in business while addressing creditor claims and reorganizing their finances. The process can be intricate, requiring the expertise of a Boise bankruptcy attorney to navigate the legal requirements and protect the interests of all parties involved.
• Chapter 13 Bankruptcy: Chapter 13 bankruptcy, also known as the wage earner’s plan, is designed for individuals with a steady income who are able to repay a portion of their debts over time. Under Chapter 13, debtors propose a repayment plan—typically lasting three to five years—allowing them to catch up on missed mortgage payments, stop wage garnishments, and avoid foreclosure. This chapter is especially beneficial for those seeking to protect their home or other important assets while managing their debts in a structured way. A bankruptcy lawyer can help you determine if Chapter 13 is the right fit for your situation and guide you through the process of filing and developing a plan that meets both your needs and the requirements of the bankruptcy code.

Choosing the right type of bankruptcy is a critical decision that can impact your financial future. Each chapter offers different forms of relief and protection, and the best option depends on your unique circumstances, assets, and goals. Consulting with an experienced bankruptcy attorney in Boise ensures that you receive personalized advice and effective representation throughout your bankruptcy case. Whether you are an individual struggling with debt, a business owner seeking reorganization, or someone facing foreclosure or wage garnishment, a knowledgeable bankruptcy lawyer can help you file the appropriate chapter and work toward the financial relief you deserve.

We Provide a Full Range of Bankruptcy Services in Boise, Idaho

Johnson May is a boutique law firm that is committed to personalized, detail-driven, and solutions-focused legal representation. We are dedicated to serving clients in Boise and the surrounding area with attentive and individualized support throughout the bankruptcy process. We provide a wide variety of legal services to individual and corporate debtors, trustees, creditors, principals, and receivers, including:

• Assisting businesses with Chapter 7 or Chapter 11 bankruptcy filings
• Helping individuals file for Chapter 7 bankruptcy
• Assisting people with Chapter 13 bankruptcy
• Helping family farmers and family fisherman with Chapter 12
• Winding up corporate or limited liability entities
• Receiverships

Our attorneys are problem solvers who develop creative solutions tailored to each client’s unique financial situation, ensuring adaptable and effective representation.

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Navigating Non-Bankruptcy Alternatives 

Even for people, families, and businesses in Boise that are facing deep financial distress, bankruptcy is not always the best path forward. There may be non-bankruptcy alternative options that are still available that more effectively protect the interests of all parties. Our firm also represents debtors, principals, purchasers, and creditors in connection with non-Bankruptcy business reorganization and workouts. We work with our clients and their business, financial, and accounting consultants to determine whether there are viable alternatives to bankruptcy. If you have any specific questions or concerns about bankruptcy alternatives, contact our Boise legal team for immediate assistance.

We Handle Chapter 11 Bankruptcy Cases in Boise (Business Reorganization)

If your business is struggling to deal with large amounts of debt, Chapter 11 bankruptcy may be the best option for you. In a Chapter 11 bankruptcy, businesses or individuals are given the chance to propose a plan that allows business owners time to repay their debts and obtain the new beginning they need. The goal of Chapter 11 is to provide businesses with an opportunity to restructure and emerge more viable.

Notably, the Boise business bankruptcy lawyers at Johnson May have substantial Chapter 11 experience. We are well prepared to work closely with you to increase your chances of finding a favorable resolution to your financial distress issues. Our experienced bankruptcy lawyers will walk you through the process and advise you as to the realistic options available to improve your situation. Contact our Idaho bankruptcy attorneys today for a confidential consultation that will help bring you some peace and comfort knowing that you’re in good hands! 

Creditors’ Rights Representation in Boise (Bankruptcy and Non-Bankruptcy)

As a creditor, you have significant protections, and it is important to fully understand your rights under the bankruptcy code. Working with an experienced bankruptcy attorney can help you protect your ability to make a recovery when bankruptcy is filed. Our attorneys are members of the Idaho State Bar’s bankruptcy section, demonstrating our specialized expertise and credibility in handling bankruptcy cases. Our lawyers provide skilled representation and keep you informed of your rights and responsibilities throughout the entire bankruptcy process. We work closely with creditors as they pursue recovery and protect their rights. Our firm assists creditors in securing unpaid debts from individuals and businesses within and outside the bankruptcy process. Our creditors’ rights attorneys counsel clients in a variety of matters, including:

• Real and personal property foreclosures
• Recovery of leased equipment
• Presentation of deficiency claims
• Enforcement of lease contracts
• Recovery of amounts owed

Solutions-Driven Legal Representation During Bankruptcy Litigation

In some cases, bankruptcy may end up in a deep dispute. Litigation cannot always be avoided. We are a trial-tested Boise law firm. If your case requires litigation, we provide a forceful and vigorous representation of clients to obtain recoveries. Johnson May represents clients in connection with virtually any litigation matters in bankruptcy cases, including:

• Defending or prosecuting preference claims
• Defense or prosecution of suits to recover fraudulent transfers
• Enforcement or lifting of the automatic stay
• Defense or prosecution of suits to recover assets for the bankruptcy estate
• Objecting to or supporting plans of reorganization and sales of assets

Why Rely On the Boise Bankruptcy Attorneys at Johnson May

Bankruptcy is complicated. Whether you are filing for bankruptcy as an individual, filing for bankruptcy as a business, or representing a creditor, it is normal to have a ton of questions about the process. At Johnson May, we are committed to protecting what matters most—your rights and your interests. In addition to our experience with bankruptcy cases, our firm also has extensive expertise in handling divorce and related family law matters, providing compassionate and personalized strategies for clients facing these challenges. Personalized legal guidance and support is a promise that we make to our clients.  Among other things, our Boise bankruptcy lawyers are ready to:

• Listen to what you have to say and answer questions about your case;
• Investigate the matter, gathering all relevant supporting financial records; 
• Handle the bankruptcy process—no matter the type of bankruptcy; and 
• Develop a comprehensive strategy to help you achieve the best possible outcome. 

Contact Our Boise Bankruptcy Lawyer for Immediate Help With Your Case 

At Johnson May, our Boise bankruptcy attorneys are diligent, knowledgeable, and future-focused advocates for clients. We have the experience needed to handle all aspects of bankruptcy—from Chapter 7 to Chapter 11 to Chapter 13. To discuss the bankruptcy needs of your business with an experienced bankruptcy attorney, contact our bankruptcy law firm today. From our Boise office, we serve clients throughout the region, including in Ada County, Boise County, and Twin Falls County.