Bankruptcy Attorney Miami

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Filing bankruptcy is often scary, but this does not have to cause so much fear. Sometimes life does not go in a straight line and problems just happen. If you are trying to build a stable financial future, and you do not do something about your current circumstances, things will not get better.

The bankruptcy process can be a less stressful process with the help of a bankruptcy attorney Miami. There are many people and business owners in the United States who have debts that hinder their economic stability.

Being advised by a bankruptcy attorney Miami is often the key to successfully completing the bankruptcy process and getting your finances back on a positive track.

In this article we will explain the reasons why you should seek the professional help of an attorney. We will try and cover all of your doubts and concerns regarding bankruptcy.

Do I Need An Attorney To File Bankruptcy?

Although you can file for personal bankruptcy without a lawyer, it is strongly recommended to seek the advice of a professional. There are common misunderstandings and mistakes that can affect your rights.

A bankruptcy lawyer will help you in:

  • Offer advice on whether or not to file for bankruptcy
  • Guides you as to which chapter to file
  • Explains if your debts can be eliminated or not
  • Explains all the guidelines to follow and adhere to the bankruptcy laws
  • Tells you about any consequences related to your taxes at the time of submitting the application
  • Helps you complete all the required documentation
  • Helps you throughout all the phases of your bankruptcy process

Many people seek the help of bankruptcy organizers (not lawyers) to complete bankruptcy forms, as they could be a bit cheaper than lawyers. However, keep in mind that they do not have the necessary legal provisions to represent them before a judge in a court.

In the case of a bankrupt business, the business is allowed to represent themselves but will need the legal assistance of a bankruptcy lawyer. Remember that we all have the right to move forward in life even after declaring bankruptcy. With Gallardo Law Firm you will have greater chances of succeeding in court.

Why hire a bankruptcy attorney in Miami?

Financial problems are inevitable, but you should remain calm and seek professional help, from a bankruptcy attorney Miami. Our attorneys at Gallardo Law Firm are familiar with the federal laws of the state of Florida and can help you achieve the economic status you desire. When a lawyer represents you in this process, they will deal with the debt collector.

By staying behind in the payments of medical bills, credit cards, mortgage, or any other debt, the lenders and debt collectors will begin to overwhelm you to pay what you owe them. Collection agencies can be quite pestering when it comes to recovering money from debtors. They are notorious for violating the rules of telephone calls that become constant and hostile.

Hiring a lawyer can stop this harassment. It is not wise to ignore debt collectors. They could take legal action against you, sue you, and win the trial. This will eventually cost you more time and money than hiring a bankruptcy attorney.

Pros and cons of bankruptcy

It is important to know the pros and cons of bankruptcy before making the final decision. The following information will help you understand what you are getting into:

CONS

  • Unless you pay in advance before filing, you will lose all of your credit cards. You will also have to give up some basic necessities.
  • You cannot get into a new mortgage loan for 5 years.
  • Debts such as student loans and back taxes will not be eliminated in a bankruptcy.
  • It can be a little embarrassing and your name will be on the court records
  • You will have to explain how you got into that deficit.
  • It will take some time until you can request a new credit card again.

PROS

  • The declaration of bankruptcy will stop the collection actions of the creditors.
  • You will not end up losing your primary residence; most states allow you to exempt your home, car and other essential needs.
  • When declaring bankruptcy, you have the opportunity to regain your credit and your previous debt free life.
  • Even if you cannot repay student loans, at least your lenders will stop tormenting you so that you pay them. You will also be protected from being sued or having your car or house seized.
  • Judges and trustees have to deal with cases worse than yours.
  • Although credit cards got you in this financial debt, they can also help you get out of the process quickly.

When to hire a bankruptcy lawyer?

When you are unable to keep up with bills, working with an experienced Miami bankruptcy attorney may be the right choice for you to lay the foundation for a healthier financial future. Gallardo Law Firm is committed to providing reliable and effective services for all our clients in South Florida.

Maybe you have lost your employment, got sick or have an increase in your mortgage payments. These reasons have made you lose your financial balance, but there is hope. Seek the legal advice of a bankruptcy attorney Miami. The bankruptcy lawyers at Gallardo Law Firm sympathize with your financial hardship, and difficult circumstances.

The attorneys at Gallardo Law Firm can help you examine your situation and determine the best course of action, always keeping your best interests in mind. If appropriate, we will help you file a personal bankruptcy. We can also help you file a bankruptcy protection application for your business.

People often avoid contacting a bankruptcy lawyer because they are embarrassed, but you do not have to feel that way. After the process is over, you will feel relieved and will be able to start over.

How a Bankruptcy Attorney can help you

An experienced bankruptcy lawyer will be concerned about what happens to their clients before, during and after they file for bankruptcy. After bankruptcy, people often struggle to develop good credit again; experienced and knowledgeable bankruptcy attorneys take that into account when processing your case. They know exactly what to do to make sure that customers can get credit after the bankruptcy appears on the credit report.

Bankruptcy lawyers are also aware that people are often in debt again after a couple of years. Therefore, a South Florida law firm, such as Gallardo Law Firm, performs other tasks to help its clients create a better financial future. For example, one thing they do for owners who have difficulty making their mortgage payments is to help them qualify for a loan modification so they can make their payments without putting themselves at financial risk.

A problem with bankruptcy attorneys, who do not have experience, may be the fact that their mistakes may mean that their clients lose their assets when they are trying to save them. An unqualified bankruptcy lawyer, for example, may have allowed very important deadlines to be met before the necessary documents are filed with the court.

For example, a client who wants to save their home from a foreclosure can do so by filing Chapter 13 bankruptcy, but their lawyer must file the corresponding documents before the foreclosure sale takes place. Unfortunately, it is known that an inexperienced bankruptcy lawyer ignores doing this until the lender sells the house. The result may be that the lender evacuates the previous owner of their home.

Filing a Personal bankruptcy

Even the most honest people can suffer serious economic misfortunes or make wrong decisions. This is the reason why someone can file a personal bankruptcy

These are covered by two parts of the Bankruptcy Code of the United States, and that is the settlement of Chapter 7 and the reorganization of Chapter 13. Chapter 7 covers all debts, but you may have to turn over the property. Chapter 13 helps you with a payment plan. According to this Chapter, you can pay your debts in a period of three to five years.

Filing a corporate bankruptcy

Whether a company wants to recover from a debt or close it, all this can be determined by federal bankruptcy law. Chapter 7 can be used to liquidate or Chapter 11 to reorganize, which helps the company reorganize and become profitable again. Chapter 11 is often the best option because it allows the company to remain open. If the company is filing Chapter 7, the company must stop performing all operations.

What can the Bankruptcy Lawyers of Gallardo Law Firm offer?

The bankruptcy lawyers of Gallardo can offer many advantages when you decide to start this process with them:

  • A detailed review of your particular case.
  • They can help you find out which bankruptcy chapter is best for you, such as chapter 7, 11 or 13.
  • They will determine the financial situation of each individual in order to fight for the best possible solution.
  • For companies that declare bankruptcy, having the help of a lawyer is the best solution to solve their financial problems. Having the experience and knowledge of a bankruptcy attorney is essential to the success of this process. The lawyer will be present in the court in the presentation of reports, in the defense of the rights of your company and so on. In addition, they will try to find a practical alternative to deal with debt if bankruptcy is not the best option. They will negotiate a payment plan with the creditors without having to go to federal court.
  • As soon as you hire your bankruptcy attorney, you will completely eliminate the daily harassment from creditors.

The bankruptcy lawyers of Gallardo Law Firm in Miami provide high quality legal assistance, their security standards are one of the highest in the Miami community, and they protect the integrity of their clients, have respect towards them; while they achieve the best possible results for their client’s debts.

Using “Bankruptcy Code” to keep your properties

A person who files for bankruptcy may lose some property, but by hiring an experienced lawyer, they may not have to lose everything. They will need their basic belongings to move forward.

Chapter 13 Bankruptcy

Chapter 13 of the Bankruptcy Code is popularly known as the "employee plan". Individuals present this chapter when they receive a regular income. They plan how to pay off their debts with the bankruptcy trustee and pay all or part of what they owe. These plans last between three and five years.

Chapter 11 Bankruptcy

The owners of a corporation reorganize their debts under chapter 11 of the "Bankruptcy Code". With this option, business owners work to pay their creditors through the reorganization plan while the company continues to operate. In some cases, people can also file for bankruptcy under this chapter.

Chapter 7 Bankruptcy

Chapter 7 of the Bankruptcy Code requires debtors to liquidate their assets to pay their creditors. For this purpose, the court appoints an administrator for individuals or couples in bankruptcy. Then, it is the trustee's job to collect the non-exempt assets of the debtors and sell them for cash. Then the administrator distributes the proceeds to the creditors.

Cost of filing bankruptcy

When you file for bankruptcy, you must first pay a filing fee related to the costs associated with credit counseling. Given the case, you cannot pay the fees; you may qualify for an exemption from the full rate or to pay the fees. The fees associated with filing a bankruptcy application are around $ 300, depending on which chapter you are filing. Usually, this fee is owed when you file the petition unless you pay in installments or your fees do not apply. When applying for chapters 7 and 13, you must have credit counseling within six months prior to submitting your petition. You will also have to take a financial management course. The advice usually costs between $ 20 and $ 50. If you cannot afford the cost, you can always go to an agency and do it for free.

How can we protect your rights at Gallardo Law Firm?

Our law firm can provide you with the resources you need to properly handle your case. Gallardo Law Firm knows the right strategies to win your case in court. We have the experience and knowledge and have been helping families in South Florida with these and many other legal issues. When you request legal assistance from our firm, we will explain how our team of professional qualified lawyers can help you in your financial hardship.

Call Gallardo Law Firm and schedule an appointment with us. Our bankruptcy lawyers in Miami can answer all your questions.

FAQS
You may have heard advertisements on the radio for do-it-yourself bankruptcy, but this is not the best option for someone who is struggling with debts. You would save money on the fees a Miami bankruptcy lawyer will charge you, but you may pay for this decision later. Bankruptcy attorneys have much more experience in this area than you do as a layperson. Therefore, they know how to help you save your home and your automobiles. They can stop your creditors from calling you constantly. They can help you keep your most valuable possessions and may even be able to eliminate your credit card debt. Bankruptcy attorneys have also discharged expensive medical bills, stopped the wage garnishment process and resolved their clients tax nightmares. When you hire a bankruptcy attorney, you will have someone who will use many resources that you do not possess to guide you toward financial health.
Chapter 7 and chapter 13 do not necessarily require a trip to court, but you will have to attend a short meeting. However, this meeting will not be held at the court.
You may discharge unsecured debts under chapter 7 and chapter 13 of the Bankruptcy Code. These debts include legal judgments, personal loans, bills for certain serviceids, utility bills, medical bills and credit card bills. Debts that are secured by collateral are considered to be secured debts, and they cannot be discharged. One example is a home loan hat is secured by your house. Debts that were incurred fraudulently also cannot be discharged in bankruptcy.
You can stop a creditors lawsuit by filing for chapter 7 bankruptcy or chapter 13 bankruptcy. Once this has been done, your creditors will be required to cease all collections activities, and they will not be able to garnish your wages.
If your spouse incurred significant debts in his or her name only, you are not required to file for bankruptcy. However, your salary and your assets will be taken into consideration before your spouse can file for chapter 7 bankruptcy or chapter 13 bankruptcy.
Bankruptcy attorneys determine whether or not new clients qualify for chapter 7 bankruptcy by comparing their monthly or disposable income to Floridas median income. If you earn too much money to qualify for chapter 7 bankruptcy, you may be able to file for chapter 13 bankruptcy.
The worst thing that you can do is decide not to do anything. If you do not take action, your creditors will continue to make attempts to collect what you owe them, and they may even increase these efforts. So, you must address this issue directly even if you do not have the means to repay your debts now. Otherwise, your creditors may act first and file a lawsuit against you.
There are some examples where collection agencies can cross the line and you have the right to send them a certified letter saying that you are being harassed. Some examples of "crossing the line" include: Use violence or threaten to damage your reputation, take away your property, etc - Use disrespectful or obscene language - Distort the collection agency by saying that they are calling on behalf of the state or federal government or false implications saying they are a lawyer or a law enforcement officer - Give false information about the amount of money you owe - Insinuate that failure to pay debts will result in arrest or imprisonment
Some tips that will help you throughout the process include: Assess your finances: Get more information about what caused the financial problem and what to do to avoid the same problems in the future - Get a free credit report: This will help you find out more about all the creditors you owe. All these creditors must be included in the bankruptcy process - Obtain a credit counseling certificate as soon as you can. This is one of the prerequisites to filing for bankruptcy. You must obtain the certificate from a government-certified counseling agency - Hire a lawyer: This is probably one of the wisest things you can do. Lawyers know much more than you do about how things work in the legal system
Yes, it is possible to get them, but we do not encourage self-representation. This will leave your case open for possible serious or permanent errors. A capacitated, legal counselor is always better. If you want to become familiar with these forms, click here.
Under the new law, you should seek credit counseling, unless you have received counseling from an approved nonprofit agency. The laws will only exempt people who are unable to pay due to: disability, or active military duty.
Bankruptcy cases are worked on an individual basis. It is not like owning a property where both spouses are together. A bankruptcy will only affect the person who has it. It will not affect the spouse unless it is presented. Spouses have different names and social security numbers; therefore, their financial lives are independent in the eyes of the credit bureau. However, if you are a co-debtor, the creditor will definitely seek you for payments. Ask a Gallardo Law Firm lawyer what to do if you are in this situation.
You may be able to keep some credit cards, but remember that the trustee can ask you to cut all your credit cards. After filing, you should not charge anything on your credit cards. The goal is to remain debt free. If you are not in debt to a particular creditor, you may be able to keep your credit card. However, first check with your lawyer.
Under chapter 7 bankruptcy, you will have to sell expensive stereo equipment, plasma television sets, jewelry and watercraft. Most likely, you will be able to keep the following: Payments from Social Security disabilityRetirement accountsPrepaid college fundsBenefits from Workers Compensation Under chapter 13 bankruptcy, your assets will not be used to repay your debts because you will develop a repayment plan with your trustee.
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