Bankruptcy attorney Miami helping people to protect their financial future

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

Perhaps you lost your job, contracted an illness or saw an increase in your mortgage payments. These reasons caused you to lose your financial footing, but there is hope. Seek legal advice from a bankruptcy attorney Miami. Good bankruptcy lawyers at Gallardo Law Firm have sympathy for your plight. We know that you are struggling financially and will help you ease the burden by helping you find a good bankruptcy attorney Miami.

Lawyers 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 it is appropriate, we will help you file for personal bankruptcy. The economy has not been exceptional for people who run certain businesses. In this situation, we can help you file for bankruptcy protection for your business as well.

People often avoid contacting a bankruptcy attorney because they are embarrassed and ashamed, but you don’t have to feel this way. After the process is over, you will be able to breathe again and start anew. Gallardo Law Firm makes you feel right at home while also answering any questions or concerns you may have with utmost professional excellence.

Do I need an attorney to file bankruptcy?

Although you can file for personal bankruptcy without an attorney, seeking the advice of a bankruptcy attorney is strongly recommended. There are common misunderstandings and mistakes, which can affect your rights. Among some things a bankruptcy lawyer can do for you are:

  • Offer advice on whether or not to file a bankruptcy petition.
  • Show you under which chapter to file.
  • Explain whether or not your debts can be discharged.
  • Explain bankruptcy procedures and law to you.
  • Talk about tax consequences when filing.
  • Help you completing all the required documentation.
  • Assist you with all phases of your bankruptcy process.

A good bankruptcy attorney Miami is familiar with the whole process of bankruptcy and offers their clients the best advice. With Gallardo Law Firm you will have a greater chance to succeed in court.

Bankruptcy cases a good Bankruptcy attorney Miami can represent

You can have a fresh start with the help of a qualified bankruptcy attorney. Bankruptcy cases generally start with filing the petition, which can be filed by a husband, wife, corporation, entity, etc. The debtor will also be required to file statements, income, statement listings, liabilities, and contact information of all creditors together with how much they owe.

Filing for personal bankruptcy

Even the most honest people can suffer severe economic misfortune or make the wrong choices. This is why personal bankruptcies are available.

These are covered under two portions of the United States Bankruptcy Code, and that is Chapter 7 liquidation and Chapter 13 reorganization. Chapter 7 covers all the debts but you may have to surrender property. Chapter 13 helps you with a payment plan. Under this Chapter you can pay your debts in a three to five year period.

Filing corporate bankruptcy

Whether a company wants to recover from debt, or going out of business, this can all be determined by federal bankruptcy law. Chapter 7 can be used to liquidate or Chapter 11 to reorganize, which helps the business reorganize and become profitable again. Chapter 11 is oftentimes the best option as it allows the business to continue. Under Chapter 7, the company will have to stop conducting all operations.

Bankruptcy attorney Miami: Experience and Knowledge

Experienced bankruptcy attorneys are concerned about what happens to their clients before, during and after they file for bankruptcy. After bankruptcy, people often find that they struggle building up a good credit. Experienced bankruptcy lawyers keep this in mind when processing your bankruptcy. They know exactly what to do to ensure the clients will be able to obtain credit after the bankruptcy shows up on the credit report.

Experienced bankruptcy attorneys are also aware that people often find themselves in debt again after a couple of years have passed. Therefore, these skilled attorneys from a South Florida law firm, such as Gallardo Law Firm, perform other duties to help their clients create a better financial future. For example, one thing they do for homeowners who are having difficulties making their mortgage payments is help them qualify for a loan modification so that they can make their payments without placing themselves in financial jeopardy.

Another problem with inexperienced bankruptcy lawyers is the fact that their errors can mean that their clients could lose their assets when they were trying to save them. An unskilled bankruptcy attorney Miami, for example, may have allowed highly important deadlines to pass him or her by before the necessary documents were filed in court. For instance, a client who wants to save her home from foreclosure may be able to do this by filing for chapter 13 bankruptcy, but her attorney must file the appropriate documents before the foreclosure sale takes place. Unfortunately, an inexperienced bankruptcy attorney is generally known to neglect doing this until after the lender sold the house. The result was that the lender evicted the former owner from her home.

Bankruptcy lawyer in Miami

Everyone needs bankruptcy attorneys who can perform their duties competently whether their cases are simple or complex, and they have the highest chances of finding this type of bankruptcy attorney if they seek someone with experience in bankruptcy law such as the lawyers at Gallardo Law Firm.

Using “Bankruptcy Code” to keep your property

Although some of the property may be taken when filing a bankruptcy, you may not lose everything. You will need your basic belongings and assets to move forward.

Chapter 13 Bankruptcy

Chapter 13 of the Bankruptcy Code is popularly known as the “wage earner’s plan.” Individuals file under this chapter when they are receiving a regular income. They plan out how to pay their debts with the bankruptcy trustee and repay everything or a portion of what they owe. These plans last between three and five years.

Chapter 11 Bankruptcy

Owners of a corporation or a partnership reorganize their debts under chapter 11 of the “Bankruptcy Code.” With this option, business owners work to repay their creditors through the reorganization plan while the business continues to operate. In some instances, individuals can file for bankruptcy under this chapter as well.

Chapter 7 Bankruptcy

Chapter 7 of the Bankruptcy Code requires that debtors liquidate their assets in order to repay their creditors. For this purpose, the court appoints a trustee to bankrupt individuals or couples. Then, it is the trustee’s job to gather the debtors’ non-exempt property and sell it for cash. Then the trustee distributes the proceeds to the creditors.

Cost of filing bankruptcy

When filing for bankruptcy, you must first pay a filing fee related to the costs linked with credit counseling. Given the case, you are unable to pay for the fees; you may qualify for a waiver of the entire fee or to pay installments. The fees associated with filing a bankruptcy petition are around $300, depending on which Chapter you are filing. This fee is generally due when you file the petition unless you pay in installments or your fees are waived. When filing for chapter 7 and 13 you must have credit counseling within six months before filing your petition. You will also have to take a financial management course. Counseling is generally charged at $20 to $50. If you can’t afford the cost, you can always go to an agency and do it for free. Find an affordable bankruptcy attorney in your area to help you file your documents.

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 employs suitable strategies to win your case in court. We have been helping families in South Florida with these and many other legal matters. When you seek legal support from our firm, you will be provided with a throughout understanding of how things work by our caring team of professionals and qualified lawyers. Call Gallardo Law Firm and schedule an appointment with us. Our bankruptcy attorney Miami look forward to answering all your questions.

Questions and Answers about Chapter 13 Bankruptcy

Bankruptcy Attorney 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 services, 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 creditor’s 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 Florida’s 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.
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 disability
  • Retirement accounts
  • Prepaid college funds
  • Benefits 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.