Florida Bankruptcy Lawyer
Our attorneys have been helping Floridians resolve, restructure, or discharge their debts in bankruptcy for well over a decade and look forward to helping you do the same. Contact us now for your free initial consultation so we can discuss your unique situation, goals, and options. Your initial consultation will be performed over the phone with the attorney and typically takes 20-40 minutes to complete. By the end of the conversation, you will have a better understanding of the bankruptcy process and how it can help you.
There are different types of bankruptcies, each with its specific process. At the Fleysher Law Florida bankruptcy firm, we handle all types of bankruptcies, including:
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:
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.
In Chapter 7, you’ll be able to keep any assets that are exempt or that can’t be sold to generate a meaningful distribution to your creditors. All remaining unsecured debts (such as credit cards, department store cards, medical bills, auto repossession deficiencies, etc.) will be permanently discharged.
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.
Only some people are 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 exceeds the median, they must complete a more detailed analysis to determine eligibility.
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 take the best action for your unique financial situation.
Our Tampa bankruptcy lawyer in central Florida can help you determine which type of bankruptcy suits your situation.
Emil J. Fleysher
Our team at Fleysher Law has extensive experience in handling Ch. 7 and Ch. 13 bankruptcy cases for clients throughout Florida. Since 2010, attorney Emil Fleysher has helped thousands of Floridians discharge well over $100,000,000 in debt. Our practice is mainly focused on consumer bankruptcy law, so we are always up to date with the latest developments, changes, pitfalls, and options related to Florida bankruptcy law. Each client’s individual circumstances and goals are carefully considered and viewed through the lens of the current bankruptcy laws and rules. In doing so, we can present you with the best available strategies and explain them to you in plain language, so you are always informed and in-the-know. This approach to client service and communication is in part why we have been rated 5-stars in hundreds of online reviews, rated as “Super Lawyer” by Thomson-Reuters, and ranked among Best Bankruptcy Attorneys by Expertise.com. Our outstanding service and expertise are coupled with reasonable rates and flexible payment options so the relief you need is never out of reach. Contact us today for a free consultation.
Your Success is Our Top Priority:
We’re always happy to answer questions about bankruptcy law including:
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:
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, Chapter 13 bankruptcy can help you keep your car. 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:
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:
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:
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 debts, Chapter 11 bankruptcy can help you restructure them. 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 foreclosure 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.
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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 a couple around $60 or $80.
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) 886-0020 to schedule a free consultation with our Florida bankruptcy lawyer.