Hunters Creek Bankruptcy Attorney

Attorney Juan Burgos

Juan Burgos, Esq.

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Fighting For Your Rights

 

To ensure you receive what’s owed to you

More than a decade of expertise in Auto Accidents and Bankruptcy Law

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Results may vary depending on your specific facts and legal circumstances.

Debt Relief in Hunters Creek, FL: Expert Bankruptcy Attorney Juan Burgos on Your Side

Feeling overwhelmed by debt in Hunters Creek, Florida? You’re not alone, and there’s hope. With the help of an experienced Hunters Creek bankruptcy attorney, you can take control of your finances and work towards a fresh start. At our law firm, we understand that everyone’s situation is unique, which is why we offer personalized solutions tailored to your specific needs.

Understanding Your Bankruptcy Options

Before we dive into how Juan Burgos can assist you with your bankruptcy case in Hunters Creek, let’s ensure you understand the two primary chapters of bankruptcy available to Florida residents: Chapter 7 and Chapter 13.

Chapter 7: Liquidation Bankruptcy

Chapter 7 bankruptcy, also known as “liquidation” or “straight” bankruptcy, offers a quick way to discharge (eliminate) most of your debts while keeping essential assets. In Florida, many people find Chapter 7 to be an efficient path towards financial freedom.

In Chapter 7, a trustee is appointed to collect non-exempt property and use it to pay creditors. The debtor receives a discharge (release from personal liability) for many types of debts.

Benefits of Chapter 7 Bankruptcy

  • Quick process: Chapter 7 cases are typically concluded within 3 to 6 months, providing swift relief from debt.
  • Dischargeable debts: Many types of unsecured debts can be eliminated, such as credit card balances, medical bills, and personal loans.
  • No repayment plan: Unlike Chapter 13, there’s no need to propose or complete a multi-year repayment plan.
  • Exempt assets: Florida residents can protect certain assets using state-specific exemptions, allowing them to keep essential property like their home and vehicle.

Chapter 13: Reorganization Bankruptcy

Chapter 13 bankruptcy, often referred to as “reorganization” or “wage earner” bankruptcy, is designed for individuals with regular income who wish to pay off their debts over time. This chapter allows debtors to retain all of their assets while following a court-approved repayment plan.

In Chapter 13, the debtor proposes a repayment plan lasting between three to five years. The plan must be approved by the court and creditors. After completing the plan, any remaining dischargeable debts are eliminated.

Benefits of Chapter 13 Bankruptcy

  • Asset protection: Unlike Chapter 7, there’s no risk of losing non-exempt assets, as the debtor retains possession of all property.
  • Catch up on payments: Chapter 13 allows you to include past-due payments for secured debts (like mortgages or car loans) in your repayment plan, helping you get current again.
  • Flexible repayment terms: The structure of the repayment plan can be tailored to fit your specific income and expenses, providing flexibility in debt management.
  • Discharge remaining debts: Upon successfully completing the repayment plan, any lingering eligible debts are erased.

Florida Bankruptcy Specifics

Filing for bankruptcy in Hunters Creek, FL, comes with its unique set of rules and procedures. Familiarizing yourself with Florida-specific bankruptcy information is crucial to ensure the best possible outcome for your case.

Means Test

The Means Test is a critical component of determining eligibility for Chapter 7 or Chapter 13 bankruptcy in Florida. This test compares your income with the median income of similarly sized households in the Sunshine State.

The Means Test determines whether a debtor has enough disposable income left over each month, after paying certain allowed expenses and debts, to propose a Chapter 13 plan or contribute funds to a Chapter 7 estate.

Florida Exemptions

In Florida, debtors can protect specific assets using state-specific exemptions. These exemptions help ensure that you can keep essential property while still obtaining relief from your debts.

The Florida Constitution and statutes provide various exemptions that allow debtors to protect certain assets when filing for bankruptcy, such as the homestead exemption for real property.

Benefits of Filing for Bankruptcy

Filing for bankruptcy can provide numerous advantages, helping you regain control of your finances and work towards a better future. Some key benefits include:

  • Immediate relief: As soon as you file for bankruptcy, an automatic stay goes into effect, halting most collection actions against you.
  • Dischargeable debts: Many types of unsecured debts can be eliminated or reduced through the bankruptcy process, offering a clean slate.
  • Keep your property: Depending on the chapter filed and Florida’s exemptions, you may retain possession of most, if not all, of your assets.

Why Choose Us for Your Hunters Creek Bankruptcy Needs?

When facing financial challenges, selecting the right attorney to represent you is crucial. Here’s why Juan Burgos stands out as your ideal choice for bankruptcy representation in Hunters Creek:

  • Expertise and experience: With extensive knowledge of Florida bankruptcy laws and a proven track record, Attorney Juan Burgos knows how to navigate the complexities of your case effectively.
  • Personalized attention: We understand that each client’s situation is unique. That’s why we take the time to listen to your story and tailor solutions to fit your specific needs.
  • Local knowledge: As an experienced Hunters Creek bankruptcy attorney, Juan Burgos stays current with local court procedures and state-specific laws, ensuring you receive top-notch representation.

Take the First Step Towards Your Fresh Start

Don’t let financial struggles hold you back any longer. Take the first step towards regaining control of your finances by contacting our law firm today to schedule a free consultation with Hunters Creek bankruptcy attorney Juan Burgos.

This content is for informational purposes only and does not constitute legal advice. Every case is unique, and results may vary. Contact Juan Burgos today to discuss your specific situation.

Personal Bankruptcy

Florida residents can seek personal bankruptcy to cancel their debts and get a second chance. Our team of specialized property law attorneys will guide you through the process and help you determine if bankruptcy is right for you.

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Business Bankruptcy

Business Bankruptcy In Florida, businesses can also file for business bankruptcy (Chapter 11) to reorganize their finances and pay part or all of their debt. Our team of specialized property law attorneys will guide you through the process and help you determine if bankruptcy is right for your business.

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Frequently Asked Questions (FAQs)

Can I discharge medical bills and credit card debt with Chapter 7 or Chapter 13?

Yes, both Chapter 7 and Chapter 13 allow for the discharge of medical bills and credit card debt, assuming they meet certain requirements such as being incurred prior to the bankruptcy filing date and not being secured by collateral (in the case of credit cards).

Is there a means test for Chapter 7?

Yes, there is a means test for Chapter 7, also known as Form B6A in the Bankruptcy Code. The means test determines whether an individual’s income exceeds the median income for their state and household size. If it does, they may be required to complete the “means test” portion of the bankruptcy petition (Form B6) to determine eligibility for Chapter 7.

How often can you file bankruptcy in Florida?

There is no specific limit on how many times an individual can file bankruptcy in Florida. However, there are some restrictions:

  • If a discharge was previously granted under Chapter 7 or Chapter 13, the individual must wait at least eight years from the date of the previous discharge before filing another Chapter 7.
  • Under Chapter 13, there is no time limit on how soon an individual can file again, but they must meet certain requirements and complete the original plan successfully.
Do you need to take a credit counseling course before filing Chapter 7 or Chapter 13?

According to general knowledge, it seems that this rule applies to the transfer or assignment of claims, not to the bankruptcy process itself. However, I know from general knowledge that, yes, according to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), debtors must complete a credit counseling course before filing for bankruptcy in both Chapter 7 and Chapter 13 cases.

Can you pay off debts with Chapter 13 if your income is high?

According to general knowledge, Chapter 13 allows individuals who earn above the median income in their state to repay some or all of their debt over time through a repayment plan. So, yes, it is possible to pay off debts with Chapter 13 even if your income is high.

Is Chapter 13 reorganization always necessary for debt repayment?

No. According to general knowledge, Chapter 13 reorganization is typically recommended for individuals who have a steady income and can afford to make monthly payments on their debts. However, it may not be the best option for everyone. Some people might opt for Chapter 7 liquidation instead, especially if they don’t meet the requirements for Chapter 13 or prefer to start fresh with minimal debt repayment obligations.

Please note that these answers are based solely on the provided context and may not be comprehensive or up-to-date. It’s always best to consult with a qualified bankruptcy attorney for personalized advice and guidance.

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How Bankruptcy Works in Florida

Regain Control of Your Finances with Ease

Results may vary depending on the specific circumstances of each case.

 

 

Step #1

Submit Your Case

With a free financial situation evaluation, we can start helping you regain control of your life.

Step #2

We Get Started

Our team begins to investigate and evaluate your financial situation.

Step #3

We Fight for Your Rights

Bankruptcy is a right in the United States. With our help, we present your case to the bankruptcy court.

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Practice Areas

At our firm, we are dedicated to fighting for your rights and ensuring you receive fair compensation. Our areas of expertise include personal injury law, including auto accidents, motorcycle accidents, and trucking accidents, as well as personal and business bankruptcy cases.

Auto Accident

Truck Accident

Motorcycle Accident

Personal Injury

Bankruptcy