Services & Programs

Bankruptcy

If bill collectors and mortgage servicers are hassling you with phone calls and letters, we can help. Our bankruptcy lawyers are dedicated to earning your trust by aggressively representing you in bankruptcy court against debt collectors. Many people incorrectly believe that the new foreclosure laws prevent them from filing bankruptcy, but this is not true. Many debts are caused by unexpected life events: death of a spouse, personal injury, job loss, medical bills, underperforming investments and divorce. The bankruptcy code is designed to help you deal with these events and come out on the other side with a new beginning.

An attorney can help you through this new maze of laws. While many people try to save money by filing for bankruptcy on their own (pro se) or with the assistance of a non-lawyer, they often discover quickly that there are numerous forms and laws, and that bankruptcy court can be a confusing place. We're here to navigate that maze by your side, and our experience will help it to move along smoothly and effectively.

When you contact us, we will send you a detailed questionaire for you to complete. This will help you to consolidate your financial picture so we can determine what you have and what you owe. During our meeting, we will discuss these items in detail to ensure that we both have a complete picture of your financial situation. Once that is done, we will need to determine whether you should file under Chapter 7 or Chapter 13 of the Bankruptcy Code. Under Chapter 7, your debts are wiped out or discharged, in exchange for you giving up your non-exempt property. However, most of your property will be exempt from being liquidated to pay the debts. If you have property that is secured by a mortgage (a home) or a lien (a car), then the creditor can still take that property to satisfy their lien in Chapter 7 liquidation bankruptcy proceedings. In that case, Chapter 7 may not be the best route to take.

To determine if you can file under Chapter 7, however, you must first pass a "means test" which determines whether your current monthly income is below the Florida adjusted median income. Our attorneys can assist you with this to ensure that your true current monthly income is calculated properly for the test.

If your monthly income is higher than the median, or if you have secured property that you wish to keep after the bankruptcy, then a Chapter 13 bankruptcy may be better for your situation. A Chapter 13 Bankruptcy is also known as a "reorganization." In Chapter 13, we will assist you in filing a "plan" where you agree to pay your past-due and current debts over a term of three to five years. Under Chapter 13, you may keep secured property such as your car and home so long as you can make the payments under the plan. However, it is important to note that the payments under the plan can be the same or even higher than the monthly payments your are currently making, so you can pay down the past-due payments while making the current payments. For this reason, Chapter 13 is a good alternative for those clients who still have an income with the potential of paying off their debts with the additional time provided by the plan.

Contact us today for a free consultation to see if Chapter 7 or Chapter 13 Bankruptcy is right for you.