Jump To Navigation

Miami Bankruptcy Law Blog

When bankruptcy is not your best option

Filing bankruptcy is never the easy choice. Families and individuals that choose bankruptcy typically do it after heavy consideration and a period of long financial struggle. True, bankruptcy is one way to receive a fresh financial start, but it may not be the right decision for everyone struggling with debt.

End the harassing collection calls once and for all

Debt collection is a dirty business. Collection agents use intimidating and relentless tactics when trying to collect on a debt. For the American consumer, these tactics may mean that they are receiving collection calls at work, at home or even in the late evening and early morning hours. Fortunately, people can take control of this situation and end the harassing collection calls by speaking to an experienced attorney.

Understanding the complex chapter 13

Adult life is a balancing act, with parents and individuals juggling mortgages, car payments and credit card debt. Unfortunately sometimes we lose our balance and end up struggling to regain control of our finances. When debt is spiraling out of control, many families reach for the relief of bankruptcy. While a complete discharge of all debts may be the most attractive option for many families, every situation is different and for individuals with substantial assets, Chapter 7 may not be an option. Fortunately, struggling families can find the same relief and fresh start through a Chapter 13 bankruptcy.

Do I have to file bankruptcy if my spouse does?

Nearly every couple at some point throughout their marriage experiences some type of financial struggle. After all, money and finances are a common arguing point for millions of families. If the unthinkable happens, and you or your spouse is forced to file bankruptcy, you may be under the assumption that you both must file. However, this is not the case, and even though you and your spouse may be used to sharing everything bankruptcy doesn't have to be.

When is declaring bankruptcy the right option?

If you feel like you've hit rock bottom financially, it's likely that you feel overwhelmed, stressed and worried about your future. The number of companies offering you debt relief "help" just complicates matters. Which one offers the true solution to your problem?

Many people treat bankruptcy as a last resort, the last option once all others have failed. After all, filing bankruptcy means you are a financial failure, right? Wrong! Here's the truth: Draining your savings, taking out more loans to pay back other loans, and pursuing debt consolidation won't help you sleep better at night. Bankruptcy offers a number of benefits that other debt relief solutions don't.

Necessities of modern life and filing a joint bankruptcy

If you are considering filing for bankruptcy, chances are you have already done some research on the subject. Whether you are working with an attorney or attempting to go it alone, you have probably questioned which property you will be able to keep and which property you may have to give up. Fortunately, bankruptcy law allows individuals to keep much of their property through exemptions. Although exempt property is commonly referred to as necessities of modern life, if organized properly a bankruptcy petition may allow individuals to keep more than just the necessities.

What protection does the automatic stay provide?

After a long and exhausting battle with creditors and collection agencies, it is very common for bankruptcy petitioners to breathe a sigh of relief when the automatic stay kicks in. Under Chapters 7 and 13 bankruptcies, the protection provided to petitioners through the automatic stay prohibits all creditors from continued collection efforts. While this protection may sound like a catchall, there are several prohibited collection activities specifically prohibited that petitioners may not know about. Bankruptcy petitioners should stay informed of the protection afforded to them through the automatic stay so that they may take the proper actions in the event a creditor continues harassing collection activity.

Reestablishing credit after bankruptcy

Chances are you didn't fall into a bad financial situation overnight. For most individuals, the decision to file bankruptcy usually comes months if not years after their financial struggle first began. Just as it may have taken you a long time to get to the point of bankruptcy, it will likely take just as long to re-establish your credit once your bankruptcy has been discharged. Although your credit will suffer a bit after bankruptcy, depending on how long you have been struggling with finances it may not make much of a difference.

Who commits mortgage fraud?

Any type of misstatement or misrepresentation on a mortgage document is considered mortgage fraud. Mortgage fraud can be done at the hands of both buyers and the professionals they work with. Brokers, real estate agents and appraisers are just a few examples of individuals known to take part in various illegal schemes that make up mortgage fraud. While homebuyers can occasionally be charged with mortgage fraud for providing inaccurate information on lending applications, the most common types of mortgage fraud are those done through a collaborative effort by multiple parties.

Is Chapter 7 bankruptcy a quick fix?

Making the leap from financial struggle to debt freedom sometimes requires that individuals file bankruptcy. Even though bankruptcy is a scary consideration, it works for millions of Americans each year. Chapter 7 bankruptcy is commonly known as ordinary or straight bankruptcy and offers individuals a fresh start in a relatively short amount of time.

Office Location

198 NW 37TH AVE
MIAMI, FL 33125
Local: 305-445-4855
Fax: 305-445-9483

Do You Have a Case?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.