Florida Bankruptcy Lawyer

Bankruptcy is an important tool available to people in Florida that are struggling with debt. Many people end up in debt due to expensive medical bills or accidents. The U.S. government created federal bankruptcy courts to provide borrowers and lenders with a way to resolve financial challenges.

There are multiple types of bankruptcy. They’re referred to by their corresponding Chapter in the U.S. Bankruptcy Code.

Filing for bankruptcy in Florida is a difficult decision to make. It means that you are experiencing extreme financial difficulties and you do not believe you are capable of paying off everything you owe without some relief.

Many people in Florida find themselves declaring bankruptcy due to medical bills or a business failure. A major illness should not mean that you are financially destitute for the remainder of your life. If your company runs into difficult times, you need a strategy to be able to rebuild and achieve financial security for your family.

If filing for bankruptcy is an option you’d like to explore, we invite you to contact the Florida bankruptcy experts at Stiberman Law. Our compassionate team is here to support you in understanding your options and executing a plan to help you reset your finances.

Every individual and corporation in the United States has access to the bankruptcy court. Chapter 7 bankruptcy is available to individuals that pass a two-part means test. This test looks at your income in relation to the size of your family and the total debts that you owe.

Chapter 11 bankruptcy is typically used by companies in Florida to restructure their debt. Individuals in Florida may be eligible to file for Chapter 11 in Florida if their secured and unsecured debts exceed the limits set forth for a Chapter 13 filing, and they wish to reorganize their debts instead of liquidating them in a Chapter 7 filing.

Chapter 13 bankruptcy is available to established Florida residents that have a level of regular income that will allow them to make payments towards their debts. Their total unsecured debt must be lower than $383,175. Their total secured debt must be lower than $1,149,525.

A bankruptcy attorney is a licensed attorney admitted and permitted to practice in Federal Court in the district where the Bankruptcy is filed. A bankruptcy lawyer can represent Debtors and Creditors in Consumer and Business Bankruptcies.

A bankruptcy attorney will advise a client on the advantages and disadvantages of filing bankruptcy and whether Bankruptcy is recommended based on the Clients particular situation. Your bankruptcy attorney will discuss the different types of bankruptcy and a recommendation as to which Chapter is best. A bankruptcy attorney will review a client’s financial information including assets and liabilities and prepare and file the bankruptcy petition and schedules. Usually within 30 days of filing, your Bankruptcy attorney will accompany you, the Debtor, to the section 341 meeting of Creditors, and attend necessary court hearings.

A bankruptcy lawyer will discuss your financial situation, your goals, and help you determine the best course of action. You will be provided a list of required bankruptcy paperwork, information on required credit counseling courses, and other requirements based on your particulars. The bankruptcy attorney will conduct a Means Test to determine whether you have disposable income to pay your debts, prepare you Bankruptcy petition and schedules, answer any questions you may have, and file your Bankruptcy petition. After the case is filed, the Bankruptcy attorney will attend (with you) the section 341 Meeting of Creditors, attend required court hearings, and represent you throughout your case. Please note that is not an exhaustive list of services provided but rather a summary.

Experience matters as with any field of law. Bankruptcy has its unique set of rules and procedures which must be adhered to avoid costly financial mistakes and procedural pitfalls. Filing for Bankruptcy requires listing all your assets and all of your debts, which exemptions you intend to use to protect those assets, and how you are seeking to deal with the Debt. A Bankruptcy attorney can help you navigate the complexities of bankruptcy including what protections or exemptions may be available to protect your property and how to deal with debt secured by an asset. In addition, a bankruptcy attorney will advise of ongoing requirements and file all required paperwork in accordance with court guidelines to avoid an a dismissal of your case.

Most Bankruptcy attorneys offer an initial free consultation to discuss your situation as well as any fees and costs involved. Since most people seeking bankruptcy assistance are in financial distress, at Stiberman Law our fees are reasonable, we offer payment plans where possible as well as no money down bankruptcies. Chapter 7 Bankruptcy attorney fees in South Florida range from $1000 to $3500 depending on the complexity of the case. Chapter 13 Bankruptcy attorney fees are typically paid in the bankruptcy plan.

In consumer cases the short answer is that you are not obligated to have an attorney to file for Bankruptcy. A bankruptcy attorney is recommended to advice and guide you throughout the bankruptcy and help you avoid costly financial pitfalls, including the possible loss of assets.

In many instances you can file for Bankruptcy with no money down. Since most people seeking bankruptcy assistance are in financial distress, at Stiberman Law we offer no money down bankruptcies where possible as well as payment plans.

Florida is one of the best states to file for Bankruptcy due to its strong laws protecting consumers and assets. Even though Bankruptcy is Federal Law, Florida law applies when it comes to exemptions or protections. One of the most important exemptions is the Florida homestead exemption which protects a Debtor’s primary residence from creditors where the Debtor has lived in Florida for more than 3 years and has owned the property for at least 1215 days prior to the Bankruptcy filing.

A local Bankruptcy attorney who practices in your jurisdiction in Florida will be familiar with Local Rules. This will assist avoiding cases being dismissed for improper processes or failure to follow local guidelines. You always want to step into court with your best foot forward. An experienced local bankruptcy attorney will have a better grasp of the local requirements.