Bankruptcy Lawyer Fort Myers Fl – Martin Law Firm, P.L. we understand that it can cause emotional breakdowns. We’ve helped many customers through this emotional process and we’re here to do the same for you. Bankruptcy is hard, but it can be a great way to cash in and come out stronger.
Bankruptcy is not something you want to endure, but it gives you a fresh start and a way to get back on your feet.
Bankruptcy Lawyer Fort Myers Fl
We are bankruptcy attorneys serving clients in Fort Myers, Cape Coral, Naples and Tampa. This is your chance to get it right if you file for bankruptcy. Our team has the experience to represent you as you deserve.
Business Bankruptcy Attorneys
Florida bankruptcy attorneys are ready to help you through the process and provide you with legal advice to determine if bankruptcy is the best option for you. We can help you get out of debt and start your path to financial health. Other benefits that a bankruptcy attorney can provide you include:
Any legal action as important as filing for bankruptcy requires careful planning. Florida bankruptcy attorneys can discuss your options outside of bankruptcy, help you decide which type of bankruptcy is best for your unique situation, and guide you through the bankruptcy process.
Once you’ve decided that bankruptcy is your best option and what type of bankruptcy is best for your needs, we’ll help you prepare to file. Our attorneys will guide you through methods such as the “means test,” valuing your assets, using potential documents, and determining which assets are available or unpaid.
Finally, we can guide you through the actual process, including tasks such as filling out forms, giving testimony, representing yourself at trial, and dealing with creditors.
Florida Trend July 2017 Page 101
Bankruptcy can help you get a fresh start. If you are struggling to pay your debts, bankruptcy may be the answer.
Bankruptcy is a court case and all cases are heard in federal court. The right to petition is guaranteed by federal law and is specifically provided for in the US Constitution.
Filing bankruptcy will prevent all of your creditors from seeking to collect debts from you. Once you complete the bankruptcy process, your debts will be completely discharged by the bankruptcy judge.
Whether or not to file for bankruptcy is an important decision that only you can make. However, Florida bankruptcy attorneys can help you consider a variety of factors, such as:
Top 10 Best Criminal Defense Law In Fort Myers, Fl
Just saying; Chapter 7 allows you to pay off most of your debts and start over. Your disposable income must be low enough to pass the “means test”.
Chapter 13 allows you to save assets, reorganize debt, and pay it off over time. This is the only option for those who do not qualify for Chapter 7.
When you file bankruptcy in Florida, many of your assets are protected due to asset protection laws known as exemptions. These laws protect your assets from the bankruptcy trustee and creditors, helping you live a stable life and grow your new beginning.
One of the main themes of Florida bankruptcy laws is that the debtor must be able to “start over” after completing the bankruptcy. Consistent with this theme has been the development of Florida’s nonprofit organizations. A bankruptcy estate is created when a person declares bankruptcy. When something is declared insolvent, it is removed from the bankruptcy estate and is not available to satisfy creditors’ debts.
Find The Top 10 Best Workers Compensation Law In Fort Myers, Fl
Many people fear losing their home, car, or other personal property in bankruptcy. Discharge statutes allow a debtor to keep some assets and are a way to protect their property when they file for Chapter 7 or 13 bankruptcy.
While federal bankruptcy law provides a similar list of exemptions, it allows individual states to waive these exemptions. Florida took advantage of this provision and created its own independent bankruptcy code.
To qualify for a Florida bankruptcy discharge, a person must have been a permanent resident of the state of Florida for two years prior to the date of bankruptcy. If you are not a permanent resident of the state of Florida at this time, the bankruptcy discharge will be for your former state of residence.
Florida’s most important bankruptcy exemption is the Florida Homestead Exemption. With few exceptions, the guarantee is guaranteed in the country’s constitution.
Top 10 Best Real Estate Attorney In Fort Myers, Fl
Florida has an unlimited homestead exemption that allows you to protect your home against bankruptcy.
Florida law also provides a car exemption that allows you to keep $1,000 of equity in the car.
Our clients are surprised to learn that many other items, such as property, are also exempt and therefore protected from creditors.
Some types of life insurance may be exempt from bankruptcy and retirement plans. With a few exceptions, this includes 401k, IRA, and many retirement plans. Bankruptcy laws prevent debtors from receiving retirement, disability, or other types of government benefits that they may receive in the future.
Bankruptcy Lawyer Billed Detroit $34k For Florida Travel
Although Florida is very generous with bankruptcy, in most cases there will be non-exempt property. Otherwise, the property becomes part of the bankruptcy estate and an administrator is appointed to manage it. Unpaid valuable assets are then sold and returned to creditors.
Proper use of the exemption is one of the most important factors in preparing a bankruptcy petition. At The Martin Law Firm, we carefully review each case to maximize the amount of assets that are allowed to be protected by the bankruptcy laws. Making sure you get the most benefits is just one way to protect your assets when you file for Chapter 7 or Chapter 13 bankruptcy.
The number of benefits is doubled when the two work together. Again, you may have to take advantage of government benefits, which may be more or less generous than federal benefits.
If you are married and your spouse does not file for bankruptcy, you can disclose all of your joint assets. This is especially true for leased real estate.
The 2020 Lawdragon 500 Leading U.s. Bankruptcy & Restructuring Lawyers
There are a few things to consider when determining if your property is foreclosed. The value of the home is not what you paid for it, but what it was worth when the bankruptcy case was filed. Especially furniture and cars, it can be less than what you paid or how much it would cost to buy a replacement.
You should also check your balance on the device only. This means your benefits will be calculated on the full value minus the amount you owe on your mortgage or security.
For example, if you own a $50,000 home with a $40,000 down payment, you only have $10,000 in equity. You can fully protect a $50,000 home with a $10,000 exemption.
A discharge allows you to keep the property even in Chapter 7, but discharge does not make any difference in the creditor’s or auto lender’s right to foreclose on the loan. In Chapter 13, if your plan meets the requirements of bankruptcy law, you can keep all of your assets. In most cases, you will have to pay the mortgage or foreclosure as if you had not filed for bankruptcy.
The 2023 Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers
If you decide to file for bankruptcy, you can represent yourself, hire a Florida bankruptcy attorney to represent you, or, in some cases, get help from a non-lawyer bankruptcy preparer.
The law requires the attorney or bankruptcy preparer to provide you with a written contract that explains what the attorney or bankruptcy preparer will do and how much it will cost. Ask to see the contract before you hire someone.
The following information will help you understand what you need to do in a typical bankruptcy to estimate how much service you need. Although bankruptcy can be difficult, many situations are common.
Did you know that most of your creditors can’t deal with you again after you file for bankruptcy protection?
Fort Myers, Fl Bankruptcy Attorney
If a person does not pay, he is called a debtor. Once the debtor files for bankruptcy protection, they receive all the rights of the bankruptcy code. The automatic stay is the most important protection offered by the bankruptcy code.
If you receive phone calls, statements or letters trying to collect debts during or after you file for bankruptcy, notify our office immediately because you may have a claim against a creditor or debt collector. You should also keep a record of all phone calls and letters you receive, as this can be important evidence in a case against a creditor or tax collector.
The Bankruptcy Code contains two important provisions that regulate the amount of joint and collection action that a creditor or creditor may take against a debtor.
Another bankruptcy file
Top 10 Best Divorce & Family Law In Fort Myers, Fl
Immigration lawyer fort myers fl, bankruptcy lawyer fort myers, bankruptcy lawyer fort lauderdale fl, bankruptcy lawyer fort lauderdale, family lawyer fort myers fl, fort myers bankruptcy attorney, bankruptcy fort myers, lawyer fort myers fl, fort myers bankruptcy court, fort collins bankruptcy lawyer, bankruptcy attorney fort myers fl, bankruptcy lawyers fort myers fl