BANKRUPTCY
Bankruptcy attorneys have the experience and skills to navigate the bankruptcy laws on your behalf.  There are many details and provisions of bankruptcy law to consider, and Robert W. St. Clair will make sure that if and when you are ready to file bankruptcy, it will be done correctly and in a timely manner.

Unforeseen Circumstances
Thousands of individuals, families and business entities in the U.S. have filed for bankruptcy in the past decade. The majority of bankruptcies are based on crises or circumstances that are out of the business’s or individual’s control, such as:

• a pandemic
• loss of a job (layoff, termination)
• major illness or accident causing huge medical bills
• predatory lending practices
• an unforeseen downturn in one’s business or income
• cash flow issues

Gaining Control of Your Finances
Although the idea of filing for bankruptcy can be troubling, there’s really no shame in doing so.  Bankruptcy can be the most appropriate, logical and beneficial step you can take to get back in control of your finances by providing a “fresh start.”  However, it’s not always the answer – Robert will give you honest and accurate advice regarding whether a bankruptcy is right for you at this time and non-bankruptcy options will also be explored.

Below is a brief summary of the types of bankruptcy handled by Robert. They each have more complex aspects to consider, and Robert will thoroughly explain the available bankruptcy options for you so that you will be able to act with complete confidence.

Help for Struggling Small Businesses 
The Small Business Reorganization Act of 2019 (SBRA), together with the Coronavirus Aid, Relief and Economic Security Act of 2020 (CARES), make Chapter 11 bankruptcy protection much more attractive for small businesses. Together, these new laws not only streamline existing rules governing the efforts of small companies and individuals to restructure successfully under Chapter 11, but the CARES Act raises the maximum qualifying debt level to $7,500,000 (only for one year), thereby dramatically expanding access to this form of relief to thousands of businesses. These laws now make the Chapter 11 process for small businesses simpler, faster and cheaper and makes it easier for existing owners to retain their ownership interests.

Help for Farmers and Ranchers
West Texas is one of the most productive agricultural areas in the world. However, being a farmer or rancher brings with it difficult challenges such as unpredictable weather conditions, market price fluctuations, rising costs of production, etc.

A Chapter 12 bankruptcy helps farmers and ranchers (i.e., individuals, corporations, and partnerships) continue in business under a debt restructuring plan generally over a 3-year period.  During the “plan” period, the farmer or rancher must commit any disposable income (i.e., income after operating, living, and secured debt payments) to pay unsecured creditors.  Generally, after the 3-year plan is completed, any remaining unsecured debt is “discharged” or “wiped out.”

Chapter 7 Liquidation 
In a Chapter 7 bankruptcy, all (or nearly all) of the person’s unsecured debts are “wiped out,” or “discharged.”  In exchange, the person must give up all of his or her non-exempt property; however, Texas has very liberal laws which allow most assets to be “exempted” or “protected” from unsecured creditors in a bankruptcy.

In a Chapter 7 bankruptcy, unsecured debts are generally “discharged” when the bankruptcy process is complete.  Under Chapter 7, a discharge is usually granted within six months from filing. 

ESTATES / PROBATE
When your loved one passes, it is important to seek legal advice immediately. There are usually various legal options available regarding the disposition of your loved one’s estate. Robert W. St. Clair will help guide you in choosing the best and most economical option for you and in implementing and completing the process.

WILL CONTESTS / ESTATE DISPUTES
Unfortunately, the death of a loved one can sometimes lead to disputes among heirs, will beneficiaries, and/or creditors of the estate.  When disputes or questions arise in these instances, Robert W. St. Clair has the experience and knowledge necessary to competently advise and represent you in such difficult matters.

FINANCIAL ABUSE OF THE ELDERLY
Unfortunately, in recent years, there has been a significant increase in elderly folks being financially abused. Many times, the culprits are family members or “friends.” Robert W. St. Clair is committed to protecting our elderly population from financial fraud using the full weight of the law. Call for a consult should you suspect an elderly person is being manipulated by a person or company.