At the Law Office of Edward Gonzalez, we assist clients with a wide range of complex matters related to bankruptcy and tax laws, as well as general litigation and business law. Serving Maryland and Northern Virginia, bankruptcy lawyer Edward Gonzalez can protect your interests throughout the legal process and help you find solutions appropriate for you to rebuild your finances with the dignity that you deserve.Bankruptcy
We handle Chapter 7, Chapter 13, and Chapter 11 bankruptcies, and we can help you determine which type of bankruptcy may be appropriate for your situation. Chapter 7 bankruptcy is also known as liquidation bankruptcy. In this type of bankruptcy, you can protect some of your property based on the exemptions you use. Different states offer different exemption options. For example, in Virginia, you can use some federal exemptions as well as state exemptions. The portion of your property that is not exempt becomes part of a bankruptcy estate, and the bankruptcy trustee will decide whether or not it is worth the trouble of selling it. All this will be discussed in full at your initial consultation.
When you file for Chapter 13 bankruptcy, you will need to obtain approval for a plan where you make monthly payments to the court. It takes 3-5 years to complete the plan, but you can keep all your property, provided you make timely monthly payments using your income and also pay any arrearages you owe on secured property that you want to keep.
Chapter 11 bankruptcies are also known as reorganization bankruptcies and are often utilized by corporations, partnerships and high-income individuals. Typically, it is used when an individual's debts are greater than what is permitted for Chapter 13. The goal of Chapter 11 bankruptcy is to keep the business going and pay off the business' creditors over time with reduced debt loads. Unlike Chapter 13, Chapter 11 allows creditors to vote on a debt reorganization plan.Tax
We advise clients and represent taxpayers, on federal, state, and local taxes. Mr. Gonzalez has worked at the IRS, from which he brings valuable insights to his representation of clients. We handle matters related to tax liens, tax levies, garnishments, tax litigation, and appeals.
A tax lien is a legal claim against someone's property to secure payment of a tax debt. Under 26 U.S. Code Section 6321, if a taxpayer neglects or refuses to pay taxes after demand, the amount as well as any interest, penalties, and costs become a lien in favor of the federal government upon all property and rights to real and personal property owned by the taxpayer. The lien exists once the IRS assesses a tax, but you fail to pay it. You have the right to appeal an IRS Notice of Federal Tax lien.
Unlike a lien, under a tax levy the IRS can legally seize your property in order to satisfy your tax debt. The IRS is permitted to seize your motor vehicles, real estate, and other personal property. It may also garnish your wages and remove money from your bank account. The IRS may collect for up to 10 years from the date the taxes were assessed, although there are certain actions that may result in a suspension of the 10-year period.
The IRS will send you a Notice of Intent to Levy in order to seize your property or garnish your wages. There are ways to stop the levy, but you need to act promptly because once 30 days pass from the final notice and you have not paid the balance, the IRS may proceed with the garnishment of wages. It is usually advisable to consult an attorney about the best options for you under the circumstances. Call us and we can help you.Foreclosure Defense
We may be able to advise you on how to stop a foreclosure so that you can keep your home. Some defenses may be available under the Truth in Lending Act (TILA) or the Real Estate Settlement Procedures Act (RESPA). TILA is a federal law that was enacted so that consumers could receive accurate information when entering into a credit transaction. Under TILA, borrowers have a right to rescind a loan in certain circumstances, such as when incorrect disclosures were made. Rescission eliminates a creditor's lien, which eliminates the creditor's ability to foreclose. You may also have procedural defenses against foreclosure. In some cases, it may be possible for a debtor to save a home from foreclosure by filing Chapter 13 bankruptcy.Business Law
If you are starting a business, you will need to make a number of important decisions, including choosing which type of entity to form, developing standard contracts, and reviewing leases. You also will need to file paperwork with the federal, state and local governments. The decisions you make related to business formation may have important consequences. For example, if someone chooses to form a sole proprietorship rather than a corporation, he or she will have personal liability for the business' debts. Call us and we can advise you about setting up your business.General Litigation
It’s the rare person who actually wants to go to court. But sometimes events in life and business reach that point. If you are getting sued, or need to sue to get relief, you are best served by hiring an experienced lawyer. With almost thirty years of legal experience in this area, we have been in many of the courtrooms in this area of Northern Virginia and suburban Maryland. Call us and we can discuss your situation.Consult an Experienced, Bankruptcy, Tax, and Business Lawyer in Northern Virginia or Maryland
Maryland, and Northern Virginia tax attorney Edward Gonzalez provides meticulous advice and vigorous representation to individuals and small businesses. He also can assist you in matters related to bankruptcy, foreclosure, or business law and litigation. Mr. Gonzalez is guided by almost 30 years of experience and can help you find a personalized solution for your needs. Our firm represents clients in Maryland, as well as many areas of Northern Virginia, including Vienna, Alexandria, Falls Church, Reston, Sterling, Manassas, and other communities throughout Arlington, Fairfax, Loudoun, and Prince William Counties. Contact us at (571) 310-6142 or via our online form to set up a initial consultation.