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Bankruptcy is complicated and intimidating.  At Nash & Lodge we strive to help you understand the bankruptcy process and to help you navigate through the many bankruptcy hurdles that may arise.  We will also review your situation to evaluate whether a bankruptcy is truly needed or whether other options exist that better meet your goals.  The following sets out the steps to a Chapter 7 bankruptcy process with Nash & Lodge.

First Step

Step One
Before you start looking at properties 

   

  • One of our lawyers will sit down with you to explain the issues involved with purchasing a foreclosed home and can help you find the other professionals that you may need to safely invest in a foreclosed home.
 

Hire a Real Estate Agent

  • A good real estate agent can be essential in helping you find the right foreclosed property to purchase.
  • It is important to hire a real estate agent who is familiar with the purchase of a foreclosure in that these are not "traditional" purchases.
  • A good real estate agent can help minimize the risks associated with purchasing a foreclosure property.  
 

Investors should consider setting up a Limited Liability Company or a SubChapter  S Corporation to provide you with liability protection.

  • Buying any home as an investment which creates an opportunity for profits but also exposes you to liabilites.  Setting up a Limited Liability Company or a SubChapter S Corporation can limit your liability exposure.
  • If you have partners investing with you, a LLC or corporation is a valuable tool in structuring your business and avoiding problems later on.
  • A LLC and/or corporation also deals with potential tax issues. 
   

Consider tax concequences, especially if you are an investor.

  • A CPA can provide guidance regarding tax concerns.
  • The attorneys at Nash & Lodge frequently work with CPA's to set up LLC's or corporations in a way to best address potential tax issues.
 

Consider hiring a building expert to inspect any potential property

  • Properties that have gone through foreclosure have often been neglected, vandalized and/or abused by the former owners which makes a property inspection an absolute must.
  • Because of the many potential hidden building issues that you would not normally be concerned with in a "traditional" transaction a thorough inspection is required.
  • A normal "visual" inspection is not enough given the risks and the fact that as a buyer you will not get any warranties regarding the condition of the property from the seller.
  • Make sure that the person or company that you hire is insured.
  • Make sure you understand what the inspection actually covers.
  • Make sure that you understand what remedies you have if the inspector misses a problem.