Bankruptcy Lawyers Fort Myers Fl – At The Martin Law Firm, we understand that emotional distress can lead to bankruptcy. We’ve helped many clients through this emotional process, and we’ll do the same for you. Bankruptcy is hard, but it can be a positive way to regroup and come out stronger.
Bankruptcy isn’t something everyone can endure, but it can give you a fresh start and a path to recovery.
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We are bankruptcy attorneys serving Fort Myers, Cape Town, Naples and Tampa clients. Filing for bankruptcy is your chance to get it right. Our team has the experience to represent you well.
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Our Florida bankruptcy attorneys can provide legal advice to help you through this process and determine if bankruptcy is the best option for you. We can erase debt and get you on the road to financial recovery. Some of the benefits that a bankruptcy attorney can help you with include:
Important legal steps like filing for bankruptcy require some careful planning. Our Florida bankruptcy attorneys can discuss your bankruptcy options, help you decide which type of bankruptcy is right for your particular situation, and guide you through the bankruptcy process.
Once you decide whether bankruptcy is the best option for you and what type of bankruptcy is best for your needs, we can help you prepare to file. Our attorneys will guide you through the process, including valuing your assets, requesting an exemption, and a “means test” to decide which assets are exempt or not.
Finally, we can guide you through the practical process, including completing the schedule, testifying, representing you at hearings, and dealing with creditors.
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Bankruptcy can help you get a fresh start. If you’re having trouble paying your debts, bankruptcy may be the answer.
Bankruptcy is a legal process, and all cases are handled in federal court. The right to file is granted by federal law and is specifically provided for in the United States Constitution.
Filing for bankruptcy immediately blocks all of your creditors from seeking debt from you. After you complete the bankruptcy process, your debt will be permanently discharged by the bankruptcy judge.
Deciding whether or not to file for bankruptcy is one of the most important decisions you can make. However, our Florida bankruptcy attorneys can help you consider various aspects, including:
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Quite simply, Chapter 7 allows you to pay off most of your debts and get on the road to a fresh start. Your disposable income must be low enough to pass the means test.
Chapter 13 allows you to keep your assets, reorganize your debts and make payments over time. This is the only option for those who do not qualify for Chapter 7.
When you file for bankruptcy in Florida, many of your assets are protected because of an asset preservation law called an exemption. These laws protect your assets from bankruptcy trustees and creditors, and help you live a stable life and maximize your fresh start.
One of the basic themes of Florida bankruptcy law is that the debtor must be allowed a “fresh start” after the bankruptcy process is completed. Consistent with this theme was the development of Florida’s bankruptcy exemption. When a person files for bankruptcy, a bankruptcy estate is created. When an item is claimed as exempt, it essentially means that the item is excluded from the bankruptcy, and the creditors’ claims cannot be satisfied.
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Many people enter the bankruptcy process and lose their homes, cars or other personal assets. Exemption laws allow debtors to keep a certain amount of assets and preserve assets when individuals file for Chapter 7 or 13 bankruptcy.
Although federal bankruptcy law provides a uniform list of exemptions, it allows states to waive these exemptions. Florida has used this provision to develop exemptions without recourse to the bankruptcy code.
To qualify for Florida’s bankruptcy exemption, individuals must have been a permanent resident of the state of Florida for two years prior to filing bankruptcy. If you are not a permanent resident of Florida during this period, your bankruptcy discharge will be from your state of residence.
The most notable aspect of bankruptcy in Florida is the Florida homestead exemption. State constitutions provide for exceptions.
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Florida has an unlimited homestead exemption that keeps your home out of bankruptcy.
Florida law also provides a vehicle exemption that allows you to have $1,000 of equity in the vehicle.
Our clients are surprised to learn that many other property interests are also exempt from bankruptcy, so creditors are protected.
Certain life insurance policies, including retirement plans, may be exempt from estate bankruptcy. With few exceptions, this includes 401k, IRA, and most retirement plans. Bankruptcy laws can also prevent creditors from seizing your pension, disability, and other government benefits you may receive in the future.
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Although Florida is exempt from bankruptcy, in many cases it is non-exempt property. Non-exempt property becomes part of the bankruptcy estate and a trustee is appointed to manage it. Any non-exempt property of value is then sold and returned to the lender.
Correctly applying exemptions is one of the most important aspects of filing a bankruptcy petition. At the Martin Law Firm, we carefully analyze each case to maximize the amount of assets allowed to be protected under the bankruptcy laws. One of the ways you can protect your assets when you file for Chapter 7 or Chapter 13 bankruptcy is to make sure you receive maximum exemptions.
When filing jointly as married, the exemption amount is doubled. Again, you may need to use state exemptions, which may be more or less generous than federal exemptions.
If you are married and your spouse has not filed for bankruptcy, you can exempt all of your joint assets. This applies to all home ownership properties.
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There are a few things to keep in mind when determining whether a property is exempt. The value of the property is not what you paid, but what it will be worth when you file for bankruptcy. Especially for furniture and cars, it can be much less than what you paid or the cost of buying a replacement.
You only need to look at your equity in the property. This means you are free of the full value of your mortgage or mortgage.
For example, if you own a $50,000 home with a $40,000 mortgage, your equity is only $10,000. You can fully protect a $50,000 home with a $10,000 down payment.
Although a discharge still allows you to keep the property in Chapter 7, your discharge does not affect the right of a mortgage holder or auto loan creditor to take the property and pay off the debt. In Chapter 13, you can keep all of your assets if your plan meets the requirements of the bankruptcy laws. In most cases, if you are not bankrupt, you will have to pay off your mortgage or debt.
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If you decide to file for bankruptcy, you can represent yourself, hire a Florida bankruptcy attorney, or, in some areas, get help from a bankruptcy preparer who is not an attorney.
The law requires you to tell the attorney or bankruptcy preparer what they will do for you and how much it will cost. Ask to see a contract before you hire someone.
The following information will help you understand what to do in a typical bankruptcy case to assess how much service you need. Although bankruptcy is complicated, many situations are common.
Did you know that many of your creditors don’t come back to you after filing for bankruptcy protection?
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When individuals file for bankruptcy, they are called debtors. Once a debtor files for bankruptcy protection, it takes over all the rights of the bankruptcy code. Automatic stay clauses are the main protections provided by the Bankruptcy Code.
If you receive a call, statement, or letter about debt collection during or after your bankruptcy filing, notify our office immediately, as this may result in a lawsuit against the creditor or debtor. You should keep a record of all phone calls and correspondence you receive, as this may lead to legal action against the lender or borrower.
Bankruptcy law contains two very important provisions that limit communications and collection activities that a creditor or debtor can take against a debtor.
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