Bankruptcy Attorney FAQs

Why do I need to hire a bankruptcy attorney?

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.

Do I have to appear in court?

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.

Which debts can be discharged through bankruptcy?

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.

What if a creditor filed a lawsuit against me?

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.

My spouse wants to file for bankruptcy. Do I have to file as well?

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.

Do I qualify for chapter 7 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.

What Happens If I Decide Not To Do Anything?

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.

What is legally considered harassment by a collection agency?

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

What are some tips for people who file for bankruptcy?

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

Is it possible to obtain bankruptcy forms on the Internet?

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.

Is credit counseling mandatory before filing for bankruptcy?

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.

What happens if my spouse has a lot of debt, but not me, and I do not pay? Would this affect my credit?

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.

Is it possible to keep my credit cards?

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.

What will I have to sell in bankruptcy? What will I be able to keep?

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.