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J. Charles Guilfoyle

J. Charles Guilfoyle

Guilfoyle & Thomas
431 East Court Ave.
Jeffersonville, IN 47130

Phone: (812) 288-1250  |  Fax: (812) 288-1261
http://www.guilfoyleandthomas.com/

Contact J. Charles Guilfoyle

Chapter 13 & Chapter 7 Bankruptcy: 25 Years Experience

Legal Topic

Bankruptcy

Preferred New Clients

I only take on Chapter 7 and Chapter 13 bankruptcy cases.

Sub-Categories

Bankruptcy
  • Chapter 13
  • Chapter 7
  • Debt Relief
  • Garnishments
  • Creditor Harassment
  • Personal Bankruptcy
  • Foreclosures

Bar Admissions

IN, Oct 1983
Bar Number: 8386-10

Other Court Admissions

Supreme Court of State of Indiana, and the 7th Circuit Court of Appeals.

Association Memberships

Indiana State Bar, and National Association of Consumer Bankruptcy Attorneys (NACBA).

Continuing Education

All continuing education I now attend is related to bankruptcy. I occasionally speak on the issue of bankruptcy for our local bar association.

Example Cases

1. In re Burgess,

143 Fed.Appx. 692, 2005 WL 1772872, (Not Selected for publication in the Federal Reporter), C.A.7 (Ind.), July 27, 2005 (NO. 04-3896). This case involved a creditor's untimely challenge to a confirmed Chapter 13 Plan. The case was appealed through the 7th Circuit Court of Appeals, and oral argument was required at that level. I was successful in defending against this challenge.

2. First Bank, Inc. v. Van Wie,

Not Reported in F.Supp.2d, 2003 WL 1563959, S.D.Ind., January 08, 2003 (NO. NA020120CHH). This was the first District Court case in Southern Indiana dealing with the legal question is whether a junior mortgage may be treated as an unsecured claim under Chapter 13 of the Bankruptcy Code if there is no value available to secure any portion of the claim. I was successful in having the unsecured junior mortgage stripped off as a lien on the debtor's real estate.

3. In re Elmore,

165 B.R. 35, 73 A.F.T.R.2d 94-1101, Bkrtcy.S.D.Ind., January 11, 1994 (NO. 92-91613-7, 93-9053). This case involved a dispute with the Internal Revenue Service over the discharge of income taxes. This issue involved revolved around a question of whether or not the debtor had properly filed his tax returns when they were not submitted through an IRS Service Center, and were in fact submitted to the IRS through proceedings in the Tax Court. I was successful in convincing the Court the tax returns, even though filed through the Tax Court, they were sufficiently filed with the IRS to be eligible for discharge.

4. MacIntosh v. MacIntosh,

749 N.E.2d 626, Ind.App., June 11, 2001 (NO. 10A01-0012-CV-413). This case involved a family law issue in which I represented a father on an action against a mother related to her interference with the father's rights of visitation. The mother received severe sanctions by the trial judge, and I was successful in having those sanction upheld on appeal.

5. Smith v. State,

549 N.E.2d 1101, Ind.App. 1 Dist., February 15, 1990 (NO. 10A01-8903-CR-00085). This case was an appeal in a murder trial in which I represented the Defendant at trial and on appeal. The Defendant was convicted at trial of a reduced charge of Voluntary Manslaughter; however, on appeal I was successful in challenging the most serious part of the conviction, and has a 52 year sentence reduced to 20 years.

Education

Degree:

B.A.

School:

Indiana University SE

City:

New Albany

State:

IN

Year:

1976

 

Degree:

Juris Doctor

School:

University of Louisville

City:

Louisville

State:

KY

Year:

1983

Number of Attorneys

1

State Licensed In

Indiana

Firm Focus and History

I have 25 years of experience in Chapter 7 and 13 bankruptcy. I also have 25 years of experience in family law and divorce work. However, in the last several years, I have limited my work strictly to Chapter 7 and Chapter 13 bankruptcies. I also have extensive work in criminal law, and have murder trial experience; however, again, I now limit my work to bankruptcy cases.

Previous Employment Summary

Prior to going to law school, I worked as a quality control engineer at the Indiana Army Ammunitions Plant, and then Reynolds Aluminum.

What is your opinion regarding clients educating themselves on legal issues?

I believe it is very important for clients to be educated on their legal issues, and I spend a great deal of time making sure they understand the process of bankruptcy as well as its impact on them in the future.

Are you willing to review documents prepared by clients?

This is not applicable to my practice.

Are you willing to coach clients who want to represent themselves?

I am not interested in coaching clients in self-representation.

Why did you decide to be a lawyer?

I like to help people with their legal issues.

What work experience and education helps you be a better lawyer?

My work experience over the last 25 years has included extensive criminal work, family law work, and filing bankruptcies for families and individuals. In the last several years, I have limited my work exclusively to bankruptcy. My choice to limit my practice to bankruptcy is guided by my belief that I was able to help people more in this area than any other work I have ever done. I believe my experience in multiple areas of law has given me a great deal of insight to what people need in order to improve their quality of life. My work in bankruptcy has allowed me to help people achieve a better quality of life more quickly than they could ever have done on their own.

Why did you decide on your primary area of practice?

In the most recent years of my practice, I have limited my work strictly to bankruptcy; I made this decision for many reasons. However, I chose it mainly because it was the one area of law where I believed I helped people the most.

What do you like best about your career?

I like helping people with financial difficulties.

Tell us about your law firm:

I am a solo practitioner, so all of my clients deal directly with me; I have a wonderful paralegal who is attentive to all of my clients' immediate needs; my secretary has a wealth of knowledge and is sensitive to the needs of my clients.

What are your strengths and style?


Personal Interests:

My personal interests almost exclusively revolve around doing things with my family.

Office Manager/Assistant

Nancy.

Fax

(812) 288-1261

Office Hours

Monday through Friday
9:00 a.m. to 5:00 p.m.
Late appointments, and/or Saturday appointments are available; however, a payment to reserve an after-hour time slot is required.

Emergency After Hours

Yes

Fixed-Price Services and Fees

Chapter 7 fees generally run from $1,000 to $1,500. However, if business issues are involved, the cost will be higher. Chapter 13 fees are generally set by the Court, and will be included in the Chapter 13 Plan payment.

Hourly Rates

$200 per hour.

Free Initial Consultation?

Yes, and the timeframe is generally one hour.

Typical Retainer

This depends on the circumstances of the case.

Understanding Fees

Nolo's Licensing Check

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