Bankruptcy Law
 
A business or an individual can declare bankruptcy once they have ascertained that it has become impossible to pay off one's creditors. It can give you a chance to start over from a financial point of view, as most of debts are relieved after bankruptcy as been filed.

Chapter 7, or liquidation bankruptcy, means that your "estate" – i.e., your assets – is sold in order to pay off your creditors. A reorganization bankruptcy can also involve the selling of assets, but more often than not you can retain a majority of your assets while your creditors' needs are assessed.
Reorganization bankruptcies can be filed under the following guidelines:
Chapter 11 – businesses and individuals with many assets
Chapter 13 – individuals with steady income

Contact us today to learn more about your options under the current bankruptcy laws. We're here to help.

Chapter 11 Bankruptcy

Chapter 11 is a chapter of the United States Bankruptcy Code which permits reorganization under the bankruptcy laws of the United States. Chapter 11 bankruptcy is available to every business, whether organized as a corporation or sole proprietorship, and to individuals, although it is most prominently used by corporate entities.  When a business is unable to service its debt or pay its creditors, the business or its creditors can file with a federal bankruptcy court or protection under either Chapter 7 or Chapter 11.

A chapter 11 case begins with the filing of a petition with the bankruptcy court serving the area where the debtor has a residence. A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary petition, which is filed by creditors that meet certain requirements.

Generally, a written disclosure statement and a plan of reorganization must be filed with the court. The disclosure statement is a document that must contain information concerning the assets, liabilities, and business affairs of the debtor sufficient to enable a creditor to make an informed judgment about the debtor's plan of reorganization.  The contents of the plan must include a classification of claims and must specify how each class of claims will be treated under the plan.

As with cases under other chapters of the Bankruptcy Code, a stay of creditor actions against the chapter 11 debtor automatically goes into effect when the bankruptcy petition is filed.  The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. The stay provides a breathing spell for the debtor, during which negotiations can take place to try to resolve the difficulties in the debtor's financial situation.

A major role in chapter 11 cases is played by Creditors' Committees. The committee is appointed by the U.S. trustee and ordinarily consists of unsecured creditors who hold the seven largest unsecured claims against the debtor.  Among other things, the committee consults with the debtor on administration of the case; investigates the debtor's conduct and operation of the business; and participates in formulating a plan.  A creditors' committee may, with the court's approval, hire an attorney or other professionals to assist in the performance of the committee's duties. A creditors' committee can be an important safeguard to the proper management of the business by the debtor in possession.

While declaring bankruptcy can be a difficult decision and can seem like you're facing a complicated resolution, our experienced attorneys are here to help.  Call for a free consultation to discuss your situation and set a plan that is right for you.

Chapter 13 Bankruptcy

Can Chapter 13 Bankruptcy Help Clear Your Debt?

When you're deeply in debt climbing your way out seems impossible. You want to pay back what you owe, but mounting financial pressures and the cost of ordinary living make paying off debts seem a far away dream.

In these cases Filing for Chapter 13 bankruptcy can be the extra boost you need to start paying back debts and restore your good credit.

Florida Bankruptcy Lawyers, P.A. specializes in helping individuals file for Chapter 13 bankruptcy and establish viable repayment plans for debts. As a qualified bankruptcy attorney and Chapter 13 attorney, Florida Bankruptcy Lawyers, P.A. has helped numerous debtors recover from their debt and return to living financially healthy lives.

We'll help you with all the particulars and paperwork involved in establishing Chapter 13, including:

• Analyzing your debt
• Determine eligibility and gauge your income
• Establish your property end exemptions
• Complete and file all forms
• Represent you at hearings and help negotiate a payment plan with creditors

Beyond guiding you through the Chapter 13 process, Florida Bankruptcy Lawyers, P.A. will instruct you as to the best course of action. Chapter 13 isn't for everyone, and there are numerous factors to consider. No matter your situation, you can always trust Florida Bankruptcy Lawyers, P.A. to provide honest legal counsel that helps with your debt.

Chapter 7 Bankruptcy

Don't Let Debt Defeat You: Chapter 7 Bankruptcy Can Provide a Fresh Start

If you're plagued by debt, filing Chapter 7 bankruptcy may be the most effective way to protect yourself from creditor harassment and start afresh.

Florida Bankruptcy Lawyers, P.A. is a licensed bankruptcy attorney ready to help you file for Chapter 7 and make the phone calls stop. We've helped numerous clients absolve themselves of debt and can do the same for you. Some advantages to filing Chapter 7 with Florida Bankruptcy Lawyers, P.A. include:

• Help analyzing your debt
• Determining your property exemptions
• Assuring your eligibility for Chapter 7
• Reaffirming your secured debts
• Assistance filing all the necessary Chapter 7 forms

Beyond guiding you through the Chapter 7 process, Florida Bankruptcy Lawyers, P.A. will instruct you as to the best course of action. Chapter 7 isn't for everyone, and there are numerous factors to consider. No matter your situation, you can always trust Florida Bankruptcy Lawyers, P.A. to provide honest legal counsel that helps with your debt.

Foreclosure Consulting

At Florida Bankruptcy Lawyers, P.A. , we understand the hardships families deal with when faced with the uncertain future foreclosures present. More importantly we know how to assist in providing defense to a foreclosure complaint. We have significant experience in dealing with predatory loan practices and will aggressively defend your rights in court. We always endeavor to work with your lender and their counsel, but if negotiations are not possible then we will defend and litigate the case.

When it comes to foreclosure law, we understand the intricacies of refinancing, payment forgiveness, and loan modification. We have the skills to bring leverage to your situation, to defend the bank foreclosure, and we do so in a manner that would be unique to your particular situation.

The sooner you act, the better. The longer you put off getting help, the harder it will be for us to properly defend your case. Let Florida Bankruptcy Lawyers, P.A. give you peace of mind by defending your interests and endeavoring to keep you in your house.

We believe in the importance of fully educating our clients on foreclosure matters, which is why we are proud to offer free consultations. To receive a free consultation or any other information, please contact us today.

Debt Relief

Debt relief is the partial or total forgiveness of debt, or the slowing or stopping of debt growth.

If you are facing foreclosure, lawsuits, liens, repossession or wage garnishment, a qualified debt relief lawyer can help find the best option to help eliminate debt immediately. An experienced debt relief lawyer can provide you with the quality legal advice and representation you need to navigate through actions such as debt negotiation, debt consolidation, credit card debt relief, bankruptcy filing and/or foreclosure proceedings.

Call us to get the answers you need to choose the right solution for your financial future.  We employ all legal means available to stop harassing phone calls and letters.  We're here to help.