Bankruptcy Attorney Miami Fl
Should I file Bankruptcy?
If you have considered filing for bankruptcy in Miami, you likely have concerns about how Bankruptcy Laws work in Florida. There are many advantages to filing Bankruptcy and getting back on track with your finances. However, it is important to understand the bankruptcy court process and what is to be expected in seeking bankruptcy relief. At Marrero, Chamizo, Marcer Law, LP our Bankruptcy Attorney Miami Lawyers have answers. With over 30 years of experience, our Miami Attorneys have successfully helped thousands of clients who once feared losing their assets due to unmanageable debt problems involving: foreclosure, repossession, and wage garnishment. Our Miami Bankruptcy Attorneys will carefully examine your case and discuss the details of how bankruptcy works to help educate you in making an informed decision on what bankruptcy solution is right for you: Small Business Bankruptcy, Chapter 7 Bankruptcy, or Chapter 13 Bankruptcy. With one of our experienced Bankruptcy Attorneys at your side, you can be sure you properly take advantage of your rights under bankruptcy protection. You can put an end to creditor harassment and stop receiving those harassing phone calls from debt collectors.
At Marrero, Chamizo, Marcer Law, LP, we are a proud Better Business Bureau A+ Accredited Business Miami Law Firm steps away from the City of Coral Gables. Our experienced Miami Lawyers have proudly served Miami residents for over 30 years. Our trusted Lawyers and Miami Law Firm have received Commendation from the City of Miami for our success in helping thousands of clients save their homes and other valuable assets. We are widely known throughout Miami-Dade, and the South Florida community throughout for our outstanding achievements.
We can help you understand your options for Debt Relief.
Countless hard-working people struggle with debt management every day. They find themselves in serious financial predicaments for a number of different reasons. Mounting debt can happen to anyone including Nurses, Doctors, Small Business Owners, Construction Workers, Secretaries, Managers, and many other hard-working class people. If you are over-whelmed by debt, our Attorneys for Debt Relief can help you find a solution that is right for you to help you gain the financial fresh start you so greatly deserve. Understanding your options for debt relief is a crucial step to making sure that all your goals are accomplished to successfully take control of your finances.
Many people with serious debt problems including excessive credit card debt, foreclosure, and outstanding medical bills, can easily address these financial issues in the Southern District of Florida Bankruptcy court process either by discharging their outstanding debts in a Chapter 7 bankruptcy or by simply getting current with their debt through a feasible Chapter 13 repayment plan. The best way to learn more about the Miami bankruptcy process and what bankruptcy chapter is right for you is to consult an experienced Bankruptcy Attorney Miami residents trust most.
How to file Bankruptcy in Florida?
Filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy is the most effective way to put an end to creditor harassment. Whether you are unable to make the minimum monthly payments on your credit cards, are facing repossession of one or more of your cars, or have fallen behind on your mortgage, filing for bankruptcy in Florida is the best way to stop creditor harassment. Filing for Bankruptcy immediately initiates an automatic stay that requires collection agencies and creditors to cease all collection and foreclosure actions against you. Our experienced bankruptcy Attorneys will help educate you on what else to expect from your bankruptcy filing and will be sure to answer all your questions to address all of your Bankruptcy concerns. At Marrero, Chamizo, Marcer Law, LP, you can rest assured knowing that your Federal Court Bankruptcy case will be handled with the utmost care and attention it rightfully deserves. That’s why we only employ the very Best Miami Bankruptcy Lawyers and paralegals who are familiar with the bankruptcy court process and are sure to remain up to date with the latest Florida Bankruptcy Laws to protect your assets. That’s because although Bankruptcy may be the fastest way to eliminate debt, it is also subject to many rules and exceptions which can either harm or benefit your ability to protect your money and other valuable assets in the process. Being familiar with Florida Bankruptcy exemptions is critical for you to walk away successfully from your Bankruptcy. Our Attorneys will be sure to accurately complete the Chapter 13 means test and apply the Florida Homestead exemption if it applies to your case as well as any other exception that may apply. As one of the best law firms in Miami, we know that only the best Bankruptcy lawyers prepare for the worst to make sure they always come out strong with the best results!
Knowing what to expect in the Bankruptcy process
In Miami-Dade, the United States Southern District of Florida bankruptcy courts A United States Bankruptcy Court Trustee is appointed to every Bankruptcy case filing. They are heavily familiar with the bankruptcy Court laws. Their role as Bankruptcy Trustee is to oversee your bankruptcy case and report to the assigned bankruptcy Judge during your bankruptcy proceedings. Bankruptcy Judge’s heavily rely on the role of the bankruptcy trustee, which is why receiving your Bankruptcy discharge can mainly rest in the hands of the Trustee. Since Chapter 7 and Chapter 13 are two different types of bankruptcy relief, the role of a Trustee is not the same for each proceeding.
A Chapter 7 Trustee must confirm your eligibility to seek Chapter 7 Bankruptcy relief and to verify the accuracy of all documents you produce to the court. More importantly, they must thoroughly examine your financial affairs to assure that none of your assets can be used to repay your creditors. Typically, you will only be permitted to keep assets which are exempt per Chapter 7 Bankruptcy statute. People who file for Chapter 7 bankruptcy in Miami typically seek a financial fresh start by eliminating debt such as credit card debt or medical bills. In a Chapter 7 bankruptcy proceeding people have more to lose is these proceedings as a result of the trustee’s role in Chapter 7 cases. That’s why it is so crucial to have an experienced bankruptcy Attorney to help you protect your interest. Being unfamiliar with the consequences of failing to secure proper legal representation in a Chapter 7 Bankruptcy case to be properly protected by an experienced bankruptcy Lawyer or failing to properly follow the process, can lead you to suffer greater loss or face consequences that’s will waste your already limited resources. Some of the biggest losses when not properly protected in these proceedings are: real estate property, motor vehicles, savings, and other personal belongings of value.
Bankruptcy is often the result of a financial hardship which may include: reduced income, no income at all, or overwhelming debts, therefore every option must be carefully considered in order to achieve the best possible outcome for your specific situation. At Marrero, Chamizo, Marcer Law, LP our Attorneys work hard to provide our clients experienced guidance.
We take the time to discuss your legal options to help you carefully make an informed decision that’s right for your specific situation in order to achieve your goal of overcoming this difficult and stressful time to help you gain financial stability once again. We are here to stand by your side every step of the way to help you succeed with your bankruptcy process and help you obtain a fresh new financial start.
Benefits of Filing Bankruptcy
Bankruptcy can help resolve problems associated with personal or corporate finances. Once you file a Bankruptcy petition it generally provides additional time to solve financial issues but the most obvious impact is that it yields immediately debt relief and helps stop those harassing phone calls from creditors. Bankruptcy is able to address the following:
Discharge or eliminate most debts including, but not limited to:
- IRS Debt
- Medical Bills
- Credit Cards
- Subordinate Mortgage Loans
Prevent the following:
- Debt Collection Harassment
- Utility Service Termination
- Wage Garnishment
- Driver’s License Suspension
- Passport revoked
Allows Additional Time to get current with your Monthly Payments
You should not simply declare bankruptcy; you must be certain to understand the different types of claims to determine your eligibility and the respective processes before deciding which option is best for you. Our experienced Lawyers have a thorough and comprehensive understanding of the Federal rules and the Bankruptcy Laws to help you avoid any irreversible mistakes and make sure you gain the most from your Bankruptcy filing.
The Types of Bankruptcy Claims
Bankruptcy court in Florida primarily handles six separate types of bankruptcy. The average person usually must claim one of the most common types of bankruptcy: Chapter 7, 11, or 13. These types of bankruptcy claims are among the most commonly seen in bankruptcy court. Different bankruptcy types involve a variety of processes and purposes, depending on their details. At Marrero, Chamizo, Marcer Law, LP our Attorneys will help you understand different bankruptcy types and work to determine which one is most applicable to your situation.
A chapter 7 bankruptcy case primarily involves the liquidation of debt. Depending on your assets and what Bankruptcy Law protections in the State of Florida may be applicable to your case, you may either discharge all your debts at once or some of your creditors may be paid as your property and assets are sold through an appointed United States Bankruptcy Court Trustee. Chapter 7 can help settle debts on both a personal and corporate financial level. When you file chapter 7 bankruptcy, you are protected from any further obligation on all discharged debts.
A chapter 11 bankruptcy claim is a corporate level approach to protecting a business. Under the claim a company’s debts and finances are restructured and reorganized in order to create a new business approach. You are able to use this new approach to handle company solvency and creditor debts alike. The Bankruptcy Court may however, appoint a United States Trustee to restructure the business and help with the process.
A chapter 13 bankruptcy claim allows for debts to be repaid over a court-approved bankruptcy plan over a determined period of time upto five years. The debt is not discharged until the court-approved Bankruptcy plan is paid in full. In the State of Florida, there are certain laws that pertain to asset protection thats apply to a debtor. Many Floridians benefit from these bankruptcy protections by maintaining their rights to certain property. While you are expected to pay off most of any debts within three to five years, you may end up not having to pay some of your creditors depending on their actions and the timing of their claims. In such cases, any such debts may be forever discharged upon completion of your Chapter 13 Bankruptcy claim.
The Bankruptcy Attorney Miami Fl Lawyers at Marrero, Chamizo, Marcer Law, LP have helped thousands of Clients get back on track with their Financial Path.
We understand that claiming Bankruptcy Relief is not always an easy decision. The issues and complexity surrounding the matter may not help with this important decision. Our Attorneys understand how important it is to attain peace of mind after suffering from financial duress. Not only for you, but in most cases for both you and your loved ones. That’s why your case could use the experienced legal of our dedicated Lawyers and staff to help you face your issues with budgeting, negotiations, foreclosures, bills, and debts.
Our Miami Lawyers aim to provide legal guidance at a level that will help you work towards financial security and independence to allow you the benefit to enjoy life’s riches and what matters most again. Contact our Miami Bankruptcy Lawyers Today to schedule your no obligation consultation to find out if you should declare bankruptcy in Florida.