Stuart Bankruptcy Attorneys and Asset Protection Law Firm

Providing Bankruptcy and Asset Protection Strategies – Stuart, Port St. Lucie, Fort Pierce, Palm City, Port Salerno, Jensen Beach, Hobe Sound, Okeechobee, Indiantown, Vero Beach, Jupiter, Tequesta, Palm Beach, Lake Worth, Sebring, Lake Placid, Avon Park and other parts of Florida

FREE ONLINE BANKRUPTCY EVALUATION

Many individuals and businesses are facing debt settlement issues and need a Florida Bankruptcy and Asset Protection Attorney.  For many, hiring a Florida Bankruptcy and Asset Protection Attorney to file a personal bankruptcy or business bankruptcy is the best answer.  For some, asset protection or debt settlement may be a better strategy than filing bankruptcy with a Florida Bankruptcy and Asset Protection Attorney.  In any case, you need a Florida Bankruptcy and Asset Protection Attorney who understands Florida Bankruptcy and Asset Protection laws so that you have adequate protection from creditors. 

Bankruptcy and Asset Protection laws are complex.  Bankruptcy and Asset Protection in Florida demands knowledge of the United States Bankruptcy Code and Florida Asset Protection law.  You need to find a Florida Bankruptcy and Asset Protection Attorney to explain the differences between filing Chapter 7 Bankruptcy verses Chapter 13 Bankruptcy. 

If you are filing Chapter 7 Bankruptcy, you need a Bankruptcy and Asset Protection Attorney to explain and apply the Chapter 7 Bankruptcy means test.  In some cases the means test may not apply to determine your eligibility to file Chapter 7 Bankruptcy, but it is important to have a lawyer who understands whether or not you are required to satisfy the means test.

You also need Bankruptcy and Asset Protection advice on the exemptions that apply to your case so you know what assets the Chapter 7 Trustee may claim and sell to pay your creditors.  Even if you qualify to file a Chapter 7 Bankruptcy, you should have a Florida Bankruptcy and Asset Protection Attorney evaluate your overall financial situation to determine whether you are better off filing a Chapter 13 Bankruptcy, devising an asset protection plan or negotiating a settlement of your debts.  

If you are filing Chapter 7 Bankruptcy or  filing Chapter 13 Bankruptcy, you may not have the time to familiarize yourself with all the bankruptcy and asset protection laws that affect your finances. The Bankruptcy and Asset Protection Attorneys at Treasure Coast Legal, have years of experience guiding individuals just like you through the complexities of Bankruptcy and Asset Protection law.

Our Bankruptcy and Asset Protection Attorneys can assist you in matters concerning bankruptcy and asset protection related to your home or business. If you are faced with mounting legal difficulties, our Bankruptcy and Asset Protection Attorneys can offer invaluable Bankruptcy and Asset Protection strategies. 

Treasure Coast Legal's Bankruptcy and Asset Protection Attorneys will explain all your options so that you can understand if filing bankruptcy is best for your situation. If you decide that you need to file bankruptcy, then our Bankruptcy and Asset Protection Attorneys will help you choose which type to file for, and how to minimize any negative impacts to your assets and finances. Finally, our Bankruptcy and Asset Protection Attorneys can assist you in coping with the numerous creditors that are likely harrassing you to collect debts from you.

The decision to file bankruptcy in Florida is difficult.  It is important that you obtain advice from Bankruptcy and Asset Protection Attorneys with experience filing Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in your jurisdiction.  If you reside in Martin County, St. Lucie County, Indian River County, Okeechobee County, Broward County, Highlands County or Palm Beach County, then you should speak with one of our Stuart Bankruptcy and Asset Protection Attorneys or one of our Ft. Pierce Bankruptcy and Asset Protection Attorneys about your financial situation so that you have the right information to make the correct bankruptcy filing decision. 

Our Stuart Bankruptcy and Asset Protection Attorneys and Ft. Pierce Bankruptcy and Asset Protection Attorneys are available to meet with you. Call us at our Stuart Bankruptcy and Asset Protection law firm office at 772-621-2898 or at our Ft. Pierce Bankruptcy and Asset Protection law firm office at 772-828-2582 to schedule a FREE CONSULTATION.

Deciding Between Filing Chapter 7 and Filing Chapter 13

Even if you qualify for filing Chapter 7 Bankruptcy, it may be better for you to file Chapter 13 Bankruptcy.  This is because filing Chapter 13 Bankruptcy allows you to keep your non-exempt assets and provides other benefits.  For example, filing Chapter 13 Bankruptcy provides you the possibility of the following: 1) stripping or removing the second mortgage from your home, 2) cramming down your car loan to the automobile's current value, and 3) cramming down the interest rate on your car to a much lower interest rate.  In addition, filing Chapter 13 Bankruptcy may help you keep your home even if you are currently defending your home from foreclosure.

There are significant differences between filing Chapter 7 Bankruptcy and filing Chapter 13 Bankruptcy.  However, both bankruptcies require a section 341 meeting of your creditors before the Bankruptcy Trustee assigned to your case.  At the section 341 meeting, the Trustee places you under oath and asks you several questions about your bankruptcy petition and your financial situation.  While your creditors are invited to attend the section 341 meeting, they rarely attend.  If your creditors do attend the section 341 meeting, then they are permitted to ask you questions.  However, if your creditor has numerous questions, then the Trustee will typically require your creditor to ask you the questions at another time.  If your creditor chooses to ask you additional questions, then it may schedule you for a section 2004 examination, which is very similar to a deposition.

Post-Bankruptcy Credit Issues - A bankruptcy stays on your credit for a number of years.  However, after your bankruptcy is complete you will be able to get new credit.  In fact, some creditors view post-bankruptcy individuals as more credit-worthy because of the restrictions on repeating a bankruptcy filing.

There is no limt on the number of bankruptcy cases one may file, however there are restrictions on whether you are eligible for a bankruptcy discharge.  The bankruptcy discharge is one of the primary reasons for filing bankruptcy.  The restrictions are as follows:

1. Time Between Chapter 7 Filings: The Bankruptcy Code allows you to file and receive a discharge in a Chapter 7 Bankruptcy once every eight (8) years. The time begins to run from the date the first Chapter 7 Bankruptcy case was filed. You must wait until eight years from that date before filing your second Chapter 7 Bankruptcy.

2. Time Between Filing Chapter 13 Bankruptcy after Chapter 7 Bankruptcy: If you previously received a discharge in a Chapter 7 Bankruptcy and have not yet reached the eight year time period, then you may consider filing a Chapter 13 Bankruptcy. You only need to wait four (4) years from the date of filing your previous Chapter 7 Bankruptcy before filing Chapter 13 Bankruptcy.  Chapter 13 Bankruptcy may also provide you with additonal benefits that Chapter 7 Bankruptcy does not provide such as the ability to remove a second mortgage from your home and cramming down the loan amount and interest rate on a car loan.

3. Time Between Filing Chapter 13 Bankruptcy after Previous Chapter 13 Bankruptcy. You may file a second Chapter 13 Bankruptcy and receive a discharge two (2) years after filing a previous Chapter 13 Bankruptcy. 

4. Time Between Filing Chapter 7 Bankruptcy after Previous Chapter 13 Bankruptcy. You may file Chapter 7 Bankruptcy and receive a discharge six (6) years after filing a Chapter 13 Bankruptcy in which you paid less than 70% of your unsecured debts.  There is no time limit on obtaining a discharge in a new Chapter 7 case after a previous Chapter 13 Bankrutpcy in which a discharge was received if the debtor pays between 70% and 100% of his or her unsecured debts in the Chapter 13 case.

Alternatives to Bankruptcy - In addition to filing Chapter 7 Bankruptcy and filing Chapter 13 Bankruptcy, our Bankruptcy and Asset Protection Attorneys also provide assistance coping with creditors, including ones that may be harassing you in an effort to collect moneys that you owe them. In fact, our Bankruptcy and Asset Protection Attorneys may be able to recover money for you from these creditors based on laws designed to protect you from creditor harassment. Our Bankruptcy and Asset Protection Attorneys work with debtors who seek to file consumer bankruptcy under Chapter 7 and Chapter 13 of the United States Bankruptcy Code. We work with individuals residing in Martin County, Indian River County, St. Lucie County, Okeechobee County, Broward County, Palm Beach County, Highlands County and other parts of Florida.