Practice Areas

Albuquerque Bankruptcy Law Office

My Albuquerque Bankruptcy law office is devoted to all matters under the Bankruptcy Code, and offers legal advice to clients statewide in New Mexico.   Because I specialize in consumer and commercial I am able to offer experienced legal representation and superior personal service.  My

Consumer Bankruptcy
Commercial Bankruptcy

Bankruptcy-related real estate law

Trustee matters
Adversary litigation and Contested Matters

Consumer Bankruptcy

Consumer bankruptcies are generally a Chapter 7 or a Chapter 13 proceeding. Chapter 7 is often referred to as a "liquidation" bankruptcy. Chapter 13 is a consumer reorganization or debt repayment plan most often used by wage earners who need debt relief, but have special problems such as non-dischargeable debts, mortgage arrears, or non-exempt assets.  Reorganizations are often used by individuals who have tax problems, or a pending mortgage foreclosure. A Chapter 13 filing will give the individual time to catch up. Both forms of bankruptcy filings are useful to stop wage garnishments, lawsuits, home foreclosure, car repossession, creditor harassment and debt collection efforts. For individuals with significant assets, I provide legal advice related to exemptions and exemption planning, so the consumer bankruptcy client can keep the maximum amount of assets that is allowed by law. In any type of consumer bankruptcy, there are certain debts that cannot be eliminated, called non-dischargeable debts. These debts include embezzlement claims, child support, back taxes, student loans, criminal restitution or fraud claims. When creditors bring adversary proceedings to have certain debts determined to be non-dischargeable, special litigation skills may be required.

Commercial Bankruptcy

The only consistent aspect of a commercial bankruptcy is that it is always unique.  There are many types of business organizations including LLCs, sole-proprietors, partnerships, joint ventures, corporations, franchises, closely held businesses and non-profit organizations. Each has unique issues with which I am familiar.  Many commercial bankruptcies are Chapter 11 reorganizations. A reorganization will give a company or business time to put a plan together to pay off creditors, and remerge as a successful entity. I have provided legal counsel for businesses with secured creditor disputes, liens on collateral and defaults in leases or franchise agreements.

Real Estate Law

Quite often, there is a piece of real estate property associated with a bankruptcy. In consumer bankruptcies, the real estate is typically a home, but may also be a vacation property, family farm or unimproved land. In commercial bankruptcies the real estate may be a warehouse, office building, retail space or rental property. Quite often, real estate contracts become wrapped up in bankruptcy filings and so it is especially helpful to have a bankruptcy lawyer who is also well versed in real estate law.

Trustee Issues

As a former Chapter 7 panel trustee, and as a currently serving elected trustee for complicated liquidations, I am well familiar with the role of the Trustee. This experience helps me advise my clients as to how the Trustee will evaluate their case. Sometimes creditors who believe that an experienced person can better liquidate the assets of a Chapter 7 debtor will elect me as Trustee in order to maximize their dividend in business cases.

Adversary Proceedings and Contested Matters

On many occasions I have represented either creditors or debtors in contested issues.  Unlike criminal law in which an attorney is working for either the prosecution or the defense, in bankruptcy law, an experienced attorney will provide legal advice for creditors and debtors alike. I regularly represent clients in the United States Bankruptcy Court for the District of New Mexico, located in Albuquerque New Mexico.  Matters in which I provide legal representation include filing adversary proceedings, defending against adversary proceedings, trustee disputes and property exemption objections and disputes. 

Most of my consumer bankruptcy and commercial bankruptcy clients are referrals, including complex bankruptcy cases referred by other attorneys.  I represent debtors and creditors under the Chapter 7, Chapter 11 and Chapter 13 bankruptcy code as well as provide legal representation in adversary proceedings and contested matters. If you want highly experienced legal counsel, call or contact me today to schedule an appointment.

Daniel J. Behles
Attorney at Law

226-A Cynthia Loop NW
Albuquerque, NM 87114
Phone: (505) 217-2764
Fax:  (505) 217-2766
E-mail