Practice Area: BANKRUPTCY
Bankruptcy Lawyer in Jacksonville, FL
If you are having a difficult time meeting your financial obligations, Liberty Law may be able to help. Our Jacksonville bankruptcy lawyers have years of experience helping people just like you to solve their financial problems. We understand these are very difficult times for you and we are here to help. There are options available to help successfully manage your debt and regain your financial health. In some cases, filing for bankruptcy may be a good solution, however, it is often not the only solution available. For instance, in some circumstances, a consumer may be better off pursuing negotiations or settlements with their creditors rather than filing for bankruptcy. The right course of action will depend on the unique circumstances of your case.
Chapter 7 And Chapter 13 Bankruptcy
If you are suffering under extreme debt and cannot imagine being able to get out of default, our attorneys encourage you to consider bankruptcy as an option. Bankruptcy may not be the best choice for everyone, especially when alternatives to bankruptcy are available, but it is not something that should necessarily be avoided, either. Many people will try to tell you terrible things about bankruptcy and your credit; but contrary to popular belief, bankruptcy can give you the fresh start you need to rebuild your credit score. Our firm can assist individuals and couples in taking the means test and filing for Chapter 7 or Chapter 13 bankruptcy. If your business is struggling with debt, we can also assist you in filing for Chapter 11 bankruptcy to reorganize your debts without closing your doors.
Main Advantages Of Bankruptcy
- Gives you a “Fresh Start.” This means your financial liability for your dischargeable debt will be eliminated. Most types of debt are dischargeable under the Federal Bankruptcy Code. However, student loans are never dischargeable and tax debt is only dischargeable in unique situations.
- Can stop Foreclosure proceedings or allow you time to catch up on past due to payments.
- A Chapter 7 Bankruptcy may suspend foreclosure proceedings for a number of months. A Chapter 13 Bankruptcy may allow you to save your home.
- It can stop repossessions and wage garnishments.
- Lenders can be prevented from repossessing a car owned by a debtor if he or she files for a Chapter 7 or Chapter 13 bankruptcy. Once a debtor declares bankruptcy, the automatic stay prevents a creditor from repossessing your vehicle. However, the lender may still be able to repossess the car with the court’s permission.
- If a creditor is garnishing your wages, the filing of a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy may stop the garnishment and you may even be able to have some of your improperly taken wages returned. Although there are a few exceptions, in most cases, if the creditor wants to continue collection efforts, they must first obtain permission from the court while the automatic stay is in effect.
- Prevent the elimination of utility service: Filing bankruptcy can prevent your utilities from being turned off. However, you may be required to provide proof you will be able to pay your utility bills in the future.
- May halt an eviction: – Tenants who are facing eviction may be able to continue living in their rental property longer and prevent eviction by filing a Chapter 7 Bankruptcy. In general, once a tenant has filed bankruptcy the automatic stay should prevent the landlord from beginning the eviction process for past due rent. However, in 2005, bankruptcy law was revised to add the Bankruptcy Abuse Prevention Consumer Protection Act to give landlords more power to evict tenants who file for bankruptcy. Under today’s bankruptcy law, when a judgment for possession is issued before a tenant files bankruptcy, the landlord does not have to comply with the automatic stay and may continue the eviction process. Another exception to the automatic stay rule is when a tenant is being evicted for endangering the property or using illegal substances on the rental property.
- It allows you the ability to verify the amount owed to your creditors and reduce/dismiss amounts if they are incorrect.
- Stops harassing telephone calls and mailings from creditors: People who are in debt are likely used to receiving constant phone calls and mailings from creditors. However, once a person files for bankruptcy this constant contact should come to a halt. If you still receive phone calls and mailings from a creditor, this may be a form of harassment and you have certain rights. Under U.S. law, when a debtor files for bankruptcy one benefit he or she receives is creditors must stop all collection efforts against the debtor. Creditors who try to collect a debt during a bankruptcy or after a discharge is in violation of Federal Bankruptcy Law.
Contact us today to schedule a free, confidential consultation with a Jacksonville bankruptcy lawyer to see what options may be available to you. During the consultation, an experienced Jacksonville bankruptcy attorney will carefully review the facts of your case and help you choose a course of action that is best for your individual needs.