Your overwhelmed? Cannot pay all the bills coming in? Lost your Job? Being Sued?

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There could be an answer for you! But not everyone needs to file bankruptcy. Our firm would love to talk to you and see if bankruptcy is right for you. Bankruptcy can stop or delay an eviction, foreclosure, enforcement of a writ of garnishment or levy. 

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Bankruptcy Ch. 7

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Chapter 7 of the Bankruptcy Code is often referred to as liquidation bankruptcy. If you qualify for this option, based on your income and assets, through a means test, most of your unsecured debts can be discharged (forgiven), including credit card bills, medical bills and similar debts for which there is no collateral. The process can be completed within a few months. The downside is that some of your assets may need to be liquidated in order to partially repay creditors. There are exemptions and exceptions, but you’ll need to speak with a bankruptcy attorney to better understand how they would apply in your specific case. Exemptions include being able to keep your homestead, unless you are behind on the payment, one vehicle worth less than $1,000.00 and some other assets like a burial plot etc. The legal fee for a chapter 7, is $1,800.00, which we can put you on a payment plan to pay, plus the filing fee to the Clerk of the Court and the cost of counseling required by the Court. You can only file a Ch 7 bankruptcy once every 8 years . But there are many issues that could lessen the time period. Please call our office if you have questions. 

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Chapter 13 Personal Bankruptcy: Reorganization

 

A Chapter 13, is required if you are over income for a Ch. 7, or you don't want to surrender assets. This is a different approach to bankruptcy which focuses on restructuring and repaying debt over time. You will work with a bankruptcy trustee to negotiate with creditors and create an affordable repayment plan lasting three to five years. You make just one monthly payment, sent to the trustee, who then distributes the funds to creditors according to the plan. You can also make your payments to your attorney under your plan. This makes it easier to get a Ch 13 files sooner. The legal fee for Chapter 13, is $4,500.00, but again your attorney is with you in the case during your whole payment plan. A Ch. 13 takes longer but has a shorter impact on your credit score.

 

In addition, the filing fee for a Chapter 7 bankruptcy, the debtor must also obtain a credit counseling certificate in order to file bankruptcy, and the cost of such certificate ranges from a low of approximately $20 to a maximum cost of $100.  The cost of the certificate depends upon what issuing organization the debtor uses to obtain the certificate.

 

If there is additional representation required apart from that required to prepare the bankruptcy petition, file such petition, and represent the debtor in the normal course of a chapter 7 bankruptcy, the bankruptcy attorney may charge additional attorney fees.  An example is when a creditor files an adversary proceeding contesting the ability of a debtor to discharge a particular debt in his or her bankruptcy.  A debtor who chooses the representation of a bankruptcy attorney in defending an adversary proceeding may be requested to pay an additional $2,000 to $5,000 in additional attorney fees, depending on the complexity of the litigation, the experience and expertise of the bankruptcy attorney, and frankly, what fees the particular bankruptcy attorney commands from his clients.

 

In the Middle District of Florida, Tampa Division, the bankruptcy court awards a maximum of $4,250 to the bankruptcy attorney for representation in a Chapter 13 bankruptcy.  If the debtor enters the mortgage mediation program in an effort to obtain a mortgage modification on his or her homestead, the bankruptcy court may award an additional $1800.  Other efforts by the bankruptcy attorney may entail additional attorney fees and costs.  Often, a bankruptcy attorney will charge his or her client a certain sum of money before the filing of Chapter 13, and receive the balance of the attorney fees over a period not exceeding sixty months, through the Chapter 13 plan.  This is the charge our firm charges.

 

For example, if the maximum fee awarded for representation of a debtor in a Chapter 13 bankruptcy is $4,500.00 the bankruptcy attorney may charge the client $1,000.00 in attorney fees, file the bankruptcy, and hope to receive the balance of $3,500.00 through the Chapter 13 plan.  Some bankruptcy attorneys charge the full $4,500.00 upfront and receive no monies through the Chapter 13 plan.

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Filing bankruptcy today can become an expensive endeavor.  Each debtor who is confronted with debt and is considering what avenues to pursue in alleviating or eliminating his or her issues pertaining to such debt, must become their own advocate.  Meaning, before you consult a bankruptcy attorney or other professional, learn everything reasonably possible about the nature of the debt, what possible remedies are available, and the possible pitfalls that may be encountered.  When speaking with a bankruptcy attorney, with some background of information, one can hopefully make a better determination of whether the advice given by such attorney appears accurate and beneficial.

 

 

If you are swimming in a sea of debt, facing foreclosure, facing wage garnishment, eviction and considering bankruptcy or some other option, please contact our office right away. Sometimes things get more difficult and more expensive the longer you wait.  We will happily meet with you personally. and you will talk with an attorney. We will patiently discuss the matters confronting you and suggest what alternatives are best suited to your particular situation.  Sometimes, bankruptcy is the best option.  Sometimes, other remedies are better than bankruptcy.  Sometimes, doing nothing is better than filing bankruptcy.  One thing We guarantee is that you will be given the best solution available for you. 

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CONSUMER LAW​

Does someone owes you money? Did you sign a contract for work to be done, and they violated that contract by doing sloppy work, or not doing the work at all? 

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You may need to sue them. In small claims matters, often you don't need an attorney and you can sue up to $8000.00. There are forms on the Clerk of the Court's website. But what do you do when the other side wants to go to trial and has an attorney. You may want someone by your side. Our firm can help you file the legal action and go to trial. What do you do when you obtain a judgment but the other side is not paying? There are options like asking for a writ of garnishment or levy, but that can be completed and there are exemptions. Our firm can help you with the collection of that judgment.

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What do you when your home has been foreclosed on and sold and the Clerk advise you that it sold for more that the Final Judgment amount? That surplus belongs to you. Our firm can help you collect that surplus.

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What do you do when if you have paid off a debt, but it is still showing on your credit report as not paid. What are your rights? Our firm can help you with correcting credit report. ​

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There are many questions people have about their consumer rights. Our firm has 20+ years in helping people with all kinds of consumer issues and would be happy to talk to you and provide services or even just advice on what your rights are. We charge a $50.00 consultation fee for this, but if you hired our firm to do more, that $50 would be included as part of your consultation.