Albuquerque Bankruptcy Attorneys

'Albuquerquebankruptcylaw.com’ is a sister site to Albuquerque Business Law, P.C. Partner attorney, James Burns has teamed up with one of Albuquerque’s most experienced bankruptcy attorneys, Don Harris.

Don F. Harris

Don Harris has represented clients in numerous complex cases involving business and financial matters. Mr. Harris has experience as a former Assistant Attorney General for the State of New Mexico and a former Assistant City Attorney for the City of Albuquerque. Don’s trial and courtroom skills are formidable. For several years, Mr. Harris was a Barrister in the Oliver Seth American Inn of Court.

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James T. Burns

Prior to the practice of law, James was a corporate manager with a large market research firm. Like many of our clients, James has started and successfully managed businesses of his own, primarily in the area of technology start-ups. James was also a prizewinner in the UNM Business Plan Competition and has completed numerous consulting projects to help clients achieve their legal and business goals.

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Get the fresh start you want - and deserve!

Bankruptcy can mean a new beginning. If you are experiencing any type of financial distress, whether personal or business related, you are probably experiencing a great deal of feelings and emotional trauma you may have never felt before. Seeking help from a bankruptcy attorney in New Mexico can help ease the pain associated with insurmountable debt, relieve anxiety that comes every time a creditor calls you, and give you hope for a financially secure future.

New Mexico Bankruptcy solutions tailored to your situation

We are here to help you craft a plan to deal with your situation, not try to make your situation fit into a one-size-fits-all bankruptcy. We also understand that it can be very difficult to openly seek help from a bankruptcy attorney during these times of difficulty. This is why we handle each business bankruptcy, and each personal bankruptcy case with complete confidentiality and extreme sensitivity towards each unique financial situation.

Together, we can help you formulate a solid financial plan to get you back on track.

What type of bankruptcy should you file? Or should you?

When considering bankruptcy in Albuquerque, New Mexico, or anywhere else for that matter, the type of bankruptcy you file, largely depends on the type of debt you are facing. Bankruptcy may not even be the best solution for you. Everyone’s debt situation is unique, therefore each case is unique. Don Harris and James Burns have over 40 years of combined New Mexico bankruptcy experience. This experience includes chapter 7 bankruptcy, chapter 11 bankruptcy, chapter 13 bankruptcy and alternative creditor workout scenarios.

Contact a New Mexico bankruptcy attorney

New Mexico bankruptcy attorneys, Don Harris and James Burns can guide you through the entire bankruptcy process. Although we are based in Albuquerque, we can help with any type of bankruptcy in any part of New Mexico. The fresh start you deserve is only a phone call or (email) away.

Paying for Chapter 7 Bankruptcy: Tax Time is Also Bankruptcy Time for Many

Paying for Your Chapter 7 Bankruptcy: Tax Time is Also Bankruptcy Time for Many A Chapter 7 Bankruptcy is not an inexpensive endeavor.

A Chapter 7 Bankruptcy is not an inexpensive endeavor.

A Chapter 7 Bankruptcy will normally cost between $1,700 and $3,000, including the filing fee, which is over $300, gross receipts tax and credit report fees. The more complex or difficult the case, the higher the cost, as a general ruleContinue Reading

Top Five Reasons for Filing Chapter 13 Bankruptcy

Typical Reasons Why Someone Would Need to File Chapter 13

Typical Reasons Why Someone Would Need to File Chapter 13 Chapter 13 Bankruptcy is sometimes referred as “personal reorganization” or “wager earner plan” bankruptcy. It is different than Chapter 7 bankruptcy, or so-called “straight bankruptcy,” because Chapter 13 requires regular monthly payments to the Chapter 13 Trustee. It is different than Chapter 11, which is […]

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Gay Marriage and Filing Joint Bankruptcy: Should the Nuptial Wait Until After Bankruptcy?

Should same sex couples, who are thinking about bankruptcy, think twice about getting married and file separately?

Same-sex couples fought hard to make same-sex marriage legal in New Mexico. Now they can file a joint bankruptcy petition – but should they? The issue of whether same-sex couples can marry legally in New Mexico is currently pending before the New Mexico Supreme Court. The New Mexico Supreme Court is currently comprised of five Democrats, and […]

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The Social Security Means Test in Bankruptcy Proceedings

The Social Security Means Test in Bankruptcy Proceedings

The Means Test The means test is a device used in bankruptcy proceedings to limit the filing of Chapter 7 bankruptcy and to influence how lenders are repaid in Chapter 13 bankruptcy. Simply put, the means test works by determining whether or not your disposable income is above the median disposable income in your state.

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What is a Judicial Lien and How Can You Avoid One?

A lien is an interest that a creditor acquires in property that allows the creditor to take the property upon the occurrence of certain conditions.

What is a Judicial Lien? Let’s start with a basic lien. A lien is an interest that a creditor acquires in property that allows the creditor to take the property upon the occurrence of certain conditions. In the case of a security interest, or a lien on personal property, the creditor can usually use “self-help” […]

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Lien Stripping: Removing a Second Mortgage in Chapter 13 Bankruptcy

In the wake of the 2008 housing bubble many homeowners are facing difficulties with refinancing, mortgages and foreclosure. In New Mexico 12.9% of homeowner’s mortgages are underwater, meaning homeowners owe more on their home than their home is worth. Underwater mortgages are a result of depressed home value and have become a difficult problem for both homeowners and lenders. However, there are options for homeowners with second and even third mortgages on their homes.

Lien stripping for home mortgages underwater: In the wake of the 2008 housing bubble many homeowners are facing difficulties with refinancing, mortgages and foreclosure. In New Mexico 12.9% of homeowner’s mortgages are underwater, meaning homeowners owe more on their home than their home is worth. Underwater mortgages are a result of depressed home value and […]

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Let’s Make a Deal: Negotiating with Your Chapter 7 Trustee

Let’s Make a Deal: Negotiating with Your Chapter 7 Trustee Just because a trustee is planning to sell your property doesn’t mean you can’t keep it anyway.

In a prior post I discussed what is called “nonexempt” property and used the colorful phrase from a bankruptcy case that discusses whether property can be transferred from the “nonexempt” category to the “exempt” category shortly before the bankruptcy is filed.

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Don’t Let Your Ex’s Debt Hold You Back Financially

Don't Let Your Ex's Debt Hold You Back Financially

Ensuring that your divorce completely separates your debts and assets so you are not financially tied to your ex for years to come. Oh, the horror! Sheila begins receiving notices from a creditor that the mortgage for the house she used to own and live in with her spouse is in default and she owes […]

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Pigs, Hogs, and Nonexempt Property in Bankruptcy

Nonexempt Property in Bankruptcy: In Bankruptcy Court, it’s all about the Pigs and the Hogs.

In Bankruptcy Court, it’s all about the Pigs and the Hogs. “There is a principle of too much; phrased colloquially, when a pig becomes a hog, it is slaughtered. While . . . some planning of one’s exemptions under bankruptcy is permitted, a wholesale sheltering of assets which otherwise would go to creditors is not […]

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What Happens to Your Car Loan After Bankruptcy?

What happens to your car loan when you declare bankruptcy? That is one of the biggest questions facing people when they consider bankruptcy.

What happens to your car loan after bankruptcy? That is one of the biggest questions facing people when they consider filing for bankruptcy. The advantage of bankruptcy is that it provides a way to get rid of debt when you can no longer pay for it. The disadvantage is that sometimes you need to keep some […]

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