Are you dodging telephone calls? Have you memorized your creditors’ numbers to screen them? Eventually, those creditors may file suit, and could obtain a judgment against you, making it difficult to get a car loan or mortgage, or even qualify to rent an apartment. If your income makes it impossible to pay them off, and you’ve tried to negotiate without success, Bankruptcy might be the best solution for you. Under Federal law, Bankruptcy court offers you protection from creditors. Attorney Kelly offers assistance to individuals seeking protection under either Chapter 7 or Chapter 13.
Deciding to file Bankruptcy is usually a last resort
You may be able to avoid filing Bankruptcy. Attorney Kelly can explain your options, and recommend the solution that works best for you. Understand your alternatives and take the first step toward a confident future.
If your debts are too high for you to meet your payments, if you’ve fallen behind on your payments, or if you just want to find out what your options are, call 305-592-1192 today to schedule a consultation.
Bankruptcy provides a very tangible relief: once you file, the phone calls will cease, foreclosure will be put on hold, and any other lawsuits will be halted in their tracks, so you can focus on yourself and your family again. When your debts are discharged, you can move on with your life, and the burden of those debts will be gone forever. Your attorney will deal with collection calls, and getting dischargeable debts legally eliminated.
Chapter 7 & Chapter 13 Bankruptcy
Chapter 7– A Chapter 7 bankruptcy is the simplest of the bankruptcy chapters, and generally moves fairly quickly. In a Chapter 7 bankruptcy, the debtor lists all debts, including credit cards, mortgages, car loans, furniture loans, etc., and asks the Court to extinguish or discharge all “unsecured” debts (those debts that are not related to cars or real estate or other personal property used to secure a debt). The borrower can choose whether to keep his home or car(s), and to continue paying the loans on them, if the payments are reasonable. If a car or home is “underwater” or “upside down,” the borrower may choose to “surrender” the property, to get out from under that debt. Sometimes, a lender will re-negotiate the terms. A Chapter 7 bankruptcy only requires you to attend one hearing (the 341 Hearing), and you can normally expect to receive a Discharge about 4 months after filing.
Chapter 13– In a Chapter 13 bankruptcy, your debts and other household expenses are reviewed along with your total household income, and a “plan” is submitted to make reasonable but reduced payments to creditors. After the plan is completed (generally after 3 or 5 years), any debt that remains is discharged. This is a good option for borrowers who own multiple properties, who earn a higher income than permitted for a Chapter 7, and/or need to get back on track with their car payments or mortgages. Chapter 13 also helps to eliminate second or third mortgages.
During your COMPLIMENTARY CONSULTATION, you may expect that Attorney Kelly will:
- personally meet with you
- provide his analysis of your debts and your situation
- explain your options, and recommend your best strategy
- illustrate the Chapter 7 bankruptcy and Chapter 13 bankruptcy process
- evaluate whether you can avoid filing bankruptcy
- describe what you should expect if you don’t do anything
- assure you that you have no obligation to retain him
If you retain Attorney Kelly to represent you in a Bankruptcy, he will commit the following:
- Give you a “road map” of the Bankruptcy process, know what to expect, and which of your debts will be extinguished (most taxes and student loans are generally not dischargeable)
- Thoroughly review the documents that you provide
- Review your credit report to identify all debts
- Prepare and file your Petition for Bankruptcy with the Court on a timely basis
- Help you to prepare for the 341 Meeting of the Creditors
- Guarantee to provide the best legal services possible
Nothing in this website shall be construed as legal advice, or the establishment of an attorney-client relationship. The hiring of a lawyer is an important decision that should not be made solely upon advertisements. Before you decide, ask us to send you free, written information about Andreas M. Kelly, P.A, and our firm.