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Florida Bankruptcy Lawyer

Although the idea of filing for Bankruptcy may seem negative and stressful at first, the legal team at Fleysher Law is here to help you make the best of this difficult situation and help you resolve your overwhelming debt, regain control over your financial situation, and move toward a more stable and secure financial future. We pride ourselves on making the path to your fresh start as straightforward and painless as possible so you can focus more on what matters most.

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.

Call us now at (888) 886-0020 or submit your questions or appointment request using our online contact form..

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Our Experienced Florida Bankruptcy Lawyers Have Decades of Combined Experience Helping Floridians Become Debt Free

When you need legal assistance with your debt-related situation, you must find a bankruptcy attorney near you with experience in this area of law. The attorney at Fleysher Law have decades of experience handling all aspects of bankruptcy law.
  • Free Consultation. You can schedule a free consultation with our experienced Florida bankruptcy attorney to discuss your unique financial situation.
    We will carefully and thoughtfully consider your case to provide you with the best options and legal strategies to accomplish your goals.
  • 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 Florida Bankruptcy law and will work hard to make sure you get the best results possible.
  • 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.

Types of Bankruptcy Cases We Handle in Florida

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: This type of bankruptcy is for individuals with low income or who cannot repay their debts at all. Chapter 7 provides the fastest path to a debt discharge for those that qualify.
  • 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. with debt balances exceeding what is allowed in Chapter 13.
  • Chapter 12: This bankruptcy is for family farmers and fishermen who need to reorganize their debt.
  • Chapter 13: This bankruptcy is for individuals with a regular income who are able to repay at least a small portion of their debt over a 3 or 5-year payment plan.
The Bankruptcy process can be complicated and technical, and small errors can have large consequences. Save yourself the time and stress of trying to learn Florida bankruptcy law on the fly and speak with an experienced bankruptcy attorney. The consultation is free and the fees for handling your case are reasonable. Let the attorneys at Fleysher Law take the stress and guess work out of the bankruptcy process.

Chapter 7
Bankruptcy

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.

Why Consider Chapter 7 Bankruptcy?

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.

How Can Filing Chapter 7 Bankruptcy Help You

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. All unsecured accounts will be closed out and included in your discharge. Secured debts, such as mortgages and car notes, can be retained, reaffirmed, or redeemed.

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.

How to File Chapter 7?

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.

Are You Eligible for Chapter 7 Bankruptcy?

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.

Meet Your
Bankruptcy Attorney

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.

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Florida Bankruptcy Lawyer

Your Success is Our Top Priority:

While bankruptcy law is designed to adhere to certain rules and formulas, each client’s goals and circumstances are unique. Debt Relief and Bankruptcy attorney Emil Fleysher has built a solid reputation as an excellent strategist and counselor. He has developed and executed custom strategies for thousands of clients in Broward County, Palm Beach County, Martin County, Saint Lucie County, and Indian River County. The Fleysher Law approach is to first listen to the client with an open mind and then think holistically about the best options and strategies, even if that does not include filing a bankruptcy case right away or at all. Contact us now to evaluate your debts and assets, discuss your goals, and learn more about how we can ease your financial burdens.

We’re always happy to answer questions about bankruptcy law including:

  • How can bankruptcy stop foreclosure and help me save my home?
  • Can I keep my house or car assets in Chapter 7 bankruptcy?
  • Is there any way to stop the barrage of debt collectors’ phone calls and harassment?
  • Should I use my 401(k) or retirement savings to pay my debt?
  • What’s the difference between bankruptcy and debt settlement/debt consolidation?
  • How long will it take to rebuild my credit after filing for Chapter 7 bankruptcy or Chapter 13?
  • Can bankruptcy do anything to help me with my Student Loans?

Chapter 13
Bankruptcy

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.

Why Consider Filing Chapter 13 Bankruptcy?

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.

Why Consider Filing Chapter 13 Bankruptcy?

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.

How to File Chapter 13?

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.

When Are You Eligible for Chapter 13 Bankruptcy?

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

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.

Why Consider Chapter 11 Bankruptcy?

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.

How Can Chapter 11 Bankruptcy Help You?

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.

Why Consider Filing Chapter 11 Bankruptcy?

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:
1
A detailed accounting of assets and liabilities;
2
A financial statement covering the current period;
3
A budget for the coming year;
4
A list of current income and expenditures, as well as executory contracts and leases that have not yet expired;
5
A financial statement.

Are You Eligible for Chapter 11 Bankruptcy?

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.

Fleysher Law Recent Blogs

Bipartisan Student Loan Bankruptcy Bill Introduced

The Fresh Start Through Bankruptcy Act would change the bankruptcy code to make it easier to discharge student loans under certain conditions. Senators Richard Durbin (D-IL) and John Cornyn (R-TX) are the bill's sponsors (R-TX). Undue Hardship While it is not impossible to discharge student loan debt through bankruptcy under existing law, it can be

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Things You Need to Know Before Declaring Bankruptcy

Various financial problems cause bankruptcy. It could be caused by a sudden death of a sole provider, a severe medical emergency, an unforeseen loss of income source, or it could be because of the pandemic. Sometimes it's the amalgamation of multiple factors. Declaring bankruptcy is not easy, but it can also be your only way

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What Are the Different Types of Bankruptcy Classifications?

Declaring bankruptcy is the last straw many debtors and business owners use to seek debt relief. Debtors can utilize bankruptcy as a tool to default on their debt and seek alternative ways to settle them with their creditors. Claiming bankruptcy is a double-edged sword. Although you may find relief from your debt, you may also

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How to Find a Great Chapter 7 Attorney

Debt is an inevitable part of making big purchases. Most financial experts even advise people to seek loan assistance when making a significant purchase. If managed, you are eventually cleared of this debt. Unfortunately, this is not the scenario for every debtor. Some people might face financial hurdles leading to their bankruptcy. Most people interpret

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When to Hire a Florida Bankruptcy Attorney?

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.

How Much Does It Cost to File Bankruptcy in the State of Florida?

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.

Can I File for Bankruptcy Myself in Florida?

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.

Contact the Florida Bankruptcy Attorneys at Fleysher Law for Legal Assistance

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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