Bankruptcy Attorney and Asset Protection in Stuart, Palm City, Hobe Sound, Port St. Lucie, Fort Pierce, Okeechobee, Vero Beach, Jupiter, Palm Beach and other parts of Florida
How a bankruptcy attorney can help
Bankruptcy laws are complex, and if you are filing for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, you may not have the time to familiarize yourself with all the legalities that affect your finances. The attorneys at Chapman & Plymale Law, P.A., have years of experience guiding individuals just like you through the complexities of bankruptcy law. We can assist you in matters concerning bankruptcy litigation as they relate to your home or business. If you are faced with mounting legal difficulties, our attorneys can offer invaluable bankruptcy advice. We explain all your options, so that you can understand if filing for bankruptcy is best for your situation. If you decide that it is, we can help you choose which type to file for, and how to minimize any negative impacts to your finances. Finally, we can assist you in coping with the numerous parties that are likely attempting to collect from you at this time. This includes any creditors who may be harassing you in an effort to retrieve moneys that they claim you owe them.
The decision to file bankruptcy in Florida is difficult and it is important that you obtain advice from an attorney with knowledge and experience with 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 or Palm Beach County, then you should speak with one of our Stuart Bankruptcy attorneys or our Ft. Pierce Bankruptcy attorneys about your financial situation so that you have the right information to make the decision about whether or not to file bankruptcy, and under which Chapter you should file. Our Stuart Bankruptcy attorneys and Ft. Pierce Bankruptcy attorneys are available to meet with you. Call us at our Stuart Bankruptcy law firm office at 772-283-2626 or at our Ft. Pierce Bankruptcy law firm office at 772-828-2582 to schedule a free consultation.
Deciding Between Chapter 7 and Chapter 13
Even if you qualify for filing a Chapter 7, it may be better for your particular situation to file a Chapter 13 Bankruptcy. The reason it may be more beneficial is because a Chapter 13 allows you to keep your non-exempt assets and also provides you the possibility of stripping or removing the second mortgage from your home and cramming down the interest rate on your car. In addition, a Chapter 13 may help you keep your home even if you are currently defending your home from foreclosure.
There are significant differences between a Chapter 7 Bankruptcy and a Chapter 13 Bankruptcy. However, both bankruptcies require a section 341 meeting of your creditors before the Bankruptcy Trustee assigned to your case. At the meetings, 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 this meeting, they rarely attend. If they do attend, then they are permitted to ask you questions. However, if your creditor has numerous questions, then the Trustee will typically require your creditor to do so 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 individuals post-bankruptcy as more credit-worthy because you may not file another Chapter 7 bankruptcy until 8 years after your previous Chapter 7 discharge. You may not file another Chapter 13 bankruptcy until 2 years after your previous Chapter 13 discharge. Finally, you may not file a Chapter 13 until 4 years after discharge of a previous Chapter 7 bankruptcy.
Alternatives to Bankruptcy - In addition to filing Chapter 7 and Chapter 13 Bankruptcies, we 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, we may be able to recover money for you from these creditors based on laws designed to protect you from creditor harassment. Our attorneys work with debtors who seek to file consumer bankruptcy under Chapter 7 and Chapter 13 of the Bankruptcy Code. We work with individuals residing in Martin County, Indian River County, St. Lucie County, Okeechobee County, Palm Beach County and other parts of Florida.
