Chapter 13 Bankruptcy Service in Florida

Regain control of your finances with the help of The Bankruptcy Law Offices of James Schwitalla, P.A. Our law firm has more than 30 years of legal experience, specializing in Chapter 13, Chapter 7, creditor representation, and bankruptcy litigation in Florida.

When do you file for Chapter 13 bankruptcy?

Filing for Chapter 13 bankruptcy is ideal if you’re earning but behind on  mortgage payments, car payments, and other debts. You may qualify if you have adequate monthly income to cover living expenses but only manage the minimum debt payments. 

You can still file for Chapter 13 bankruptcy in Florida even if you own a house or a car. With a court-supervised debt repayment plan, you will regain financial stability while keeping your home, car, and other assets.

Bankruptcy Law Offices of James Schwitalla

How to File for Chapter 13 Bankruptcy in Florida

Filing for Chapter 13 bankruptcy can be complicated, so get a lawyer to guide you. With their counsel, you can go through the process without worrying if you missed a step or have done something incorrectly.

A bankruptcy lawyer with help you through the following steps:

1. Know if Chapter 13 bankruptcy is the right choice – Most people choose between Chapter 7 and Chapter 13, but each case is unique. You need to consult with a lawyer to know if you qualify and which is best for your situation.

2. Preparation –  Once you’re sure of filing Chapter 13 bankruptcy in Florida, your lawyer will help you analyze debt, value your assets, and fill out bankruptcy forms.

3. Take the required pre-filing course – Everyone filing for Chapter 13 bankruptcy is required to take a credit counseling course. After completion, you will get a certificate that you’ll file with the paperwork.

4. File your paperwork and pay a fee – Once all your documents are in order, file your paperwork, certificate, and debt payment plan to start the process. You will also need to pay the filing fee.

5. Provide income and assets information to the trustee – The information you’ve submitted is verified through bank statements, payslips, tax returns, and other documents

6. Attend two hearings – They will review your case, identification, forms, plan, and other documents. Creditors can also attend hearings to object or clarify but rarely do.

7. Start payments – Pay according to your plan within 30 days. If you miss a payment, your case is dismissed.

8. Take the required post-filing course – Similarly to the first course, you will get a certificate at the end of the class, which you will file along with your paperwork.

9. Get bankruptcy discharge – Once you complete your plan, your bankruptcy gets discharged.

Why Choose Us

The Bankruptcy Law Offices of James Schwitalla, P.A. has proudly helped thousands of people recover financially by helping them file for Chapter 13 bankruptcy in Florida. With us, you can begin to rebuild your credit without worrying about losing your home, car, and other assets.

Chapter 13 bankruptcy is also known as “debt reorganization” since it’s a court-supervised debt payment plan made to help you catch up with bills, including real estate and car payments. In some cases, debt can even be eliminated.

Chapter 13 bankruptcy is also a good move for those who do not qualify for Chapter 7 bankruptcy.

FAQs about Chapter 13 Bankruptcy in Florida

What’s the difference between Chapter 13 and Chapter 7?

Chapter 13 is a debt repayment plant supervised by the court, while Chapter 7 eliminates specific debt. The paperwork and qualification for each is different, so make sure to consult with a lawyer to know which one is best for your situation.

Should my creditors approve my plan?

Only the judge can approve or disapprove a plan. However, creditors can attend hearings to object but rarely do so. Even then, it is up to the judge if their objections are confirmed.

If your Chapter 13 bankruptcy plan is properly prepared, however, there is no reason for a creditor to go against your plan.

How long does the Chapter 13 payment plan last?

The plan lasts from three to five years, depending on your income, debt, and other assets. Once the plan is approved, it’s imperative that you do not miss a payment or else the court will dismiss your case.

Areas of Practice

Our law firm has extensive experience with bankruptcy cases in Florida. We also offer the following services apart from Chapter 7 bankruptcy.

If your income only covers basic needs, Chapter 7 bankruptcy can help you eliminate most debt so you can financially recover.

Protect your rights as a creditor with our help. We use our legal expertise to help you settle collection-related disputes and collect debt from individuals.

Get the legal counsel you need to successfully navigate a case related to bankruptcy.

Free Consultation - Hablamos Espanol

We offer a free consultation for Chapter 13 bankruptcy cases in Florida. During your free consultation with our Miami Bankruptcy lawyer, James Schwitalla, will review your financial situation, answer your questions and recommend a personalized strategy for you.

About Us

Miami Bankruptcy serves clients throughout the Miami and Miami-Dade County area, South Florida and the Florida Keys, including Kendall, Westchester, Sweetwater, Pinecrest, Palmetto Bay, Cutler Bay, Homestead, Florida City, Cutler Ridge, Richmond Heights, Key Largo, Marathon, Islamorada, Big Pine Key, Key West, Tavernier and Plantation.

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