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Bankruptcy is an unfortunate event nobody wants to experience. Going through this catastrophic financial spiral is confusing and burdensome. You don’t know who to turn to and your next steps. Navigating the consumer bankruptcy law is not a walk in the park, and not all lawyers are proficient in this field of law either. When the weight of your debt becomes too much to handle, you need the best Florida bankruptcy lawyer by your side.
Our experienced Florida bankruptcy attorney has successfully represented many clients in court and assisted them in filing bankruptcy. We will evaluate your unique financial situation to find the best solution for you.
If you are considering filing for bankruptcy, contact our office today at 888-716-0281 to schedule a free consultation with our Florida bankruptcy attorney protected by an attorney-client relationship. You can also email us at emil@fleysherlaw.com or submit your case details using our online contact form.
Our Experienced Florida Bankruptcy Lawyer Has Served Floridians for Decades
When you need legal assistance with your debt-related situation, you must find a bankruptcy attorney near me with experience in this law area. At our firm, we have over decades of experience handling all aspects of bankruptcy law.
Here’s how our bankruptcy attorney can help you:
Free consultation. You can schedule a free consultation with our experienced Florida bankruptcy attorney to discuss your unique financial situation. We will meticulously scrutinize your case and devise the best legal strategy to take.
Bankruptcy filing. Avoid mistakes and pitfalls of the bankruptcy process by hiring our knowledgeable bankruptcy lawyer. We will take care of all the paperwork and represent you in court.
Legal representation. Our legal team will be by your side every step, ensuring your rights are protected. We have extensive experience in commercial litigation and will fight to get the best results for you.
Preserve assets. You don’t have to lose everything when you file for bankruptcy. Our Florida bankruptcy lawyers will help protect your assets and keep your property.
Navigate foreclosure. We can help you find different legal ways to stop foreclosure and keep your home.
There are different types of bankruptcies, each with its specific process. At our Florida bankruptcy law firm, we handle all types of bankruptcies, including:
Chapter 7: This type of bankruptcy is for individuals with low income or who cannot repay their debts at all. In this process, you will sell your assets to repay your creditors.
Chapter 9: This bankruptcy is filed by municipalities, such as cities and counties, to reorganize their debt.
Chapter 11: This type of bankruptcy is for businesses and individuals with a high debt loan. It allows them to reorganize their debt and repay their creditors over time.
Chapter 12: This bankruptcy is for family farmers and fishermen who need to reorganize their debt.
Chapter 13: This bankruptcy is for individuals who have a regular income and want to repay their debts. In this process, debtors will create a repayment plan to repay their creditors over time.
Don’t try to go through this daunting process alone when facing financial difficulties. It would be best if you had an experienced Florida bankruptcy lawyer. At our firm, we will help you every step of the way and ensure you get the best results.
Chapter 7 bankruptcy is also called liquidation bankruptcy. In this process, you will sell your assets to repay your creditors. The court will appoint a trustee to oversee your case and liquidate your assets.
The assets you can keep in this bankruptcy are called exempt assets. These assets include your home, car, personal belongings, and retirement accounts.
Chapter 7 bankruptcy is the most common type of bankruptcy. It is for individuals with low income or who cannot repay their debts. The entire process typically takes 90 to 120 days.
There are several reasons why you may want to consider Chapter 7 bankruptcy, including:
You can get rid of most of your debt. In this process, you can discharge (eliminate) most of your unsecured debt, such as credit card debt, medical debt, and personal loans.
You can keep your exempt assets. You can keep your exempt assets, such as your home, car, and personal belongings.
You can get a fresh start. This bankruptcy will give you a fresh start by eliminating your debt. It will also stop creditors from harassing you and allow you to rebuild your credit.
Seeking legal advice from a financial law advisor is the best way to identify which type of bankruptcy is best for your financial situation.
If you struggle to make ends meet, you may consider Chapter 7. Filing for bankruptcy can help you get out of debt and start over. It can also stop creditors from harassing you and allow you to rebuild your credit.
When filing for Chapter 7 bankruptcy, you must list all your assets and debts. The court will appoint a trustee to oversee your case and liquidate your assets. The proceeds from your non-exempt assets will be used to repay your creditors.
Under certain circumstances, you can also file for property exemptions that allow you to keep some of your assets. In addition, filing for Chapter 7 will help you discharge most of your unsecured debt, such as credit card debt, medical debt, and personal loans.
After you file for bankruptcy, you will be given a fresh start, allowing you to rebuild your credit and get back on your feet.
Contrary to popular belief, you can file Chapter 7 bankruptcy independently. However, navigating bankruptcy cases’ legal and financial aspects can be challenging for individuals without in-depth knowledge of the law.
A Chapter 7 case starts with a petition that the debtor (individual or married couple) files with the bankruptcy court in their district. The debtor must also file various schedules and statements with the court, including a list of their creditors, income and expenses, assets and liabilities, and any transfers of property made within the past two years.
The debtor must also attend a meeting of creditors, which is held about a month after the case is filed. At this meeting, the trustee assigned to the case will ask the debtor questions about their debts, assets, and financial history. The debtor’s creditors may also attend this meeting and ask questions, but they rarely do.
After the meeting of creditors, the debtor will be required to take a financial management course. Once the debtor completes this course, they will receive a discharge of their debts.
It is important to note that filing for Chapter 7 bankruptcy does not eliminate all debts. The debtor will still be responsible for repaying secured debts, such as mortgages and car loans, and priority debts, such as child support and alimony.
Not everyone is eligible for Chapter 7 bankruptcy. The court will use a means test to determine whether the debtor qualifies for this type of bankruptcy.
The “means test” looks at the debtor’s income and expenses to see if they can repay their debts. If the debtor’s income is below the median income for their state, they will automatically qualify for Chapter 7 bankruptcy. If the debtor’s income is above the median income, they will need to complete a more detailed analysis to see if they qualify.
It is important to note that even if the debtor does not qualify for Chapter 7 bankruptcy, they may still be eligible for Chapter 13 bankruptcy. You must seek counsel from a Chapter 7 lawyer to ensure you are taking the best course of action for your unique financial situation.
Our Tampa bankruptcy lawyer in central Florida can help you determine which type of bankruptcy is right for your situation.
Chapter 13 bankruptcy is another choice available for private individuals. Unlike Chapter 7, individuals filing for a Chapter 13 bankruptcy are given a flexible repayment plan, allowing them to keep their properties.
People often opt for a Chapter 13 Bankruptcy over a Liquidation or Chapter 7 Bankruptcy because they earn enough money to pay their debt without selling properties.
Chapter 13 bankruptcy offers individuals several benefits, including:
The ability to catch up on past-due mortgage payments;
The ability to keep their property and avoid foreclosure;
The ability to repay debts over time can help improve their credit score.
Chapter 13 or Reorganization bankruptcy is available to any individual, even if they are self-employed or operating an unincorporated business.
If you are struggling to keep up with your mortgage payments, Chapter 13 bankruptcy can help you catch up on past-due payments. This will help you avoid foreclosure and keep your property. If you are facing repossession of your car, Chapter 13 bankruptcy can help you keep your vehicle. You will need to continue making regular payments, but you may be able to repay the past-due amount over time. If you have other debts that you are struggling to repay, such as credit card debt or medical bills, Chapter 13 bankruptcy can help you get caught up.
Like Liquidation bankruptcy, the debtor must file a petition with the bankruptcy court. The debtor will also need to file other documents, including:
A list of the debtor’s creditors;
A schedule of the debtor’s assets and liabilities;
A schedule of the debtor’s income and expenses;
A statement of the debtor’s financial affairs.
The debtor will also need to file a repayment plan with the court. This plan will outline how the debtor plans to repay their debts. The court will review the program and may make changes, such as extending the length of the repayment period.
Once the debtor’s repayment plan is approved, they must make payments to their trustee, and the trustee will then distribute the payments to the creditors.
According to 11 U.S.C. § 109(e), an individual is eligible for Chapter 13 bankruptcy if they meet the following criteria:
The debtor has less than $465,275 in unsecured debts.
The debtor has less than $1,395,875 in secured debts.
The debtor’s income is below the median for their state.
If the debtor’s income is above the median, the court will need to complete a more detailed analysis to see if they qualify.
Chapter 11 bankruptcy is another type of bankruptcy that is available to both individuals and businesses.
Chapter 11 bankruptcy is often used by businesses to reorganize their debts. This type of bankruptcy can be very complex, so it is usually best to seek a bankruptcy lawyer’s advice.
There are several reasons why a business might consider filing for Chapter 11 bankruptcy, including:
The ability to restructure their debts;
The ability to keep their business operating;
The ability to repay their creditors over time.
Chapter 11 bankruptcy offers businesses several benefits, but it is important to note that this type of bankruptcy can be very complex. It is often best to seek a bankruptcy lawyer’s advice before filing.
If your business struggles to repay its debts, Chapter 11 bankruptcy can help you restructure those debts. This will allow you to keep your business operating and repay your creditors over time.
Chapter 11 bankruptcy can also help you if you face foreclosure on your business property. By filing for bankruptcy, you can stop the foreclosure process and keep your property.
If you are facing repossessing your business equipment, Chapter 11 bankruptcy can help you keep that equipment. You will need to continue making regular payments, but you may be able to repay the past-due amount over time.
Filing Chapter 11 is somewhat similar to the Chapter 13 process. The case will initiate at the bankruptcy court by filing a petition. Along with the petition, you must file multiple schedules which list:
A detailed accounting of assets and liabilities;
A financial statement covering the current period;
A budget for the coming year;
A list of current income and expenditures, as well as executory contracts and leases that have not yet expired;
A financial statement.
To be eligible for Chapter 11 bankruptcy, you must meet the following criteria:
You must be a business or an individual.
You must have filed all required tax returns.
You must file a plan with the court that outlines how you will repay your debts.
If you are an individual, you must also complete a means test to see if you qualify.
You must speak with Florida bankruptcy attorneys when you are forecasting a tremendous financial burden. If you are an individual or a business owner and feel like bankruptcy is your only option, then you should seek legal help. It’s essential to understand all of your options before moving forward. An attorney can help advise you on the best course of action.
For Chapter 7, the filing fees are $335 and $310 for Chapter 13. The two sessions of required financial counseling would cost around $60 or $80 for a couple.
Our attorney’s fee depends on the complexity of your case. We offer a free initial consultation, $0 down filing, and flexible payment plans.
As mentioned in the above sections, you can file a bankruptcy case yourself. However, seeking the assistance of experienced bankruptcy attorneys would make the situation more bearable and increase your chances of success.
Fleysher Law is a full-service law firm providing legal assistance to individuals and businesses throughout Florida. If you are considering filing for bankruptcy, our experienced bankruptcy lawyers can help you explore your options and determine which type of bankruptcy is right for you.
As a debt relief agency, we help people file for bankruptcy relief under the Bankruptcy Code.
The decision to declare bankruptcy is complicated, but it may be your best option if you struggle to repay your debts. Contact us at 888-716-0281 to schedule a free consultation with our Florida bankruptcy lawyer.
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