A bankruptcy filing is a serious matter with potentially disastrous results. It should only be handled by an attorney with experience in bankruptcy and who knows the local bankruptcy judges, trustees and procedures.
Many attorneys list Bankruptcy as one of their areas of practice. Not all have significant actual experience in bankruptcy matters. Your needs depend in large part on the complexity of your case and the extent of assets and debts. For a free consultation by a South Florida bankruptcy attorney contact info@bankruptcy.tips.
A Chapter 7 liquidation proceeding is available to individuals, partnerships, and corporations. The debtor is allowed to keep exempt assets. For individuals filing bankruptcy in Florida, the exemptions are primarily determined by Florida law. A thorough understanding of the application of available exemptions.
A competent attorney is needed to take advantage of the available exemptions and to deal with the Trustee, Court and creditors. Small mistakes can have large consequences. For more information contact info@bankruptcy.tips.
A Chapter 13 bankruptcy, or "wage earner reorganization" is available only to individuals with regular income. It requires that the debtor file a plan providing for payment to creditors over a period of up to five years. The benefits of a Chapter 13 include the ability to reinstate a home mortgage that is in default, stop IRS collection efforts while payments are made, the ability to retain non-exempt real estate and personal assets, and a broader form of discharge.
A successful Chapter 13 bankruptcy requires not only a knowledge of the Bankruptcy Code and the requirements of the local Chapter 13 Trustee. For more information contact info@bankruptcy.tips.
A Chapter 11 reorganization is available to individuals and businesses. Due to the higher court fees, reporting requirements and legal fees involved in a Chapter 11, it is only used by individuals with combined debts of over $1,000,000.00. However, it may provide individuals and businesses with an opportunity to reorganize their debts and make arrangements to pay all or a portion of the debts, or sell the business, while obtaining protection from creditors. A Chapter 11 generally provides more flexibility than a Chapter 13 reorganization for individuals. For a local attorney who handles Chapter 11 bankruptcies visit www.flalawyer.com/chapter11.html.
This article is not intended as a substitute for competent legal or accounting representation, but merely as a guide to help you decide whether you need the services of a licensed attorney or CPA.
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