The Chapter 13 Lawyer Miami Can Depend On

The Bankruptcy Law Offices of James Schwitalla, P.A. provides Chapter 13 bankruptcy services for clients in Miami. Boasting more than 30 years of industry experience, our team provides the debt relief you need.

When do you file for Chapter 13 bankruptcy?

Chapter 13 bankruptcy is a few people’s first choice when solving debt problems. But if you are someone with significant income or assets you want to keep instead of liquidate, filing for Chapter 13 bankruptcy in Miami is the ideal solution.

Under Chapter 13, you have three to five years to settle your debts while putting your disposable income toward debt reduction. It’s the ideal option for people making money but have fallen behind paying for things bought on credit.

Bankruptcy Law Offices of James Schwitalla

How to File for Chapter 13 Bankruptcy in Miami

Filing for Chapter 13 bankruptcy can be complicated, so get our  Chapter 13 attorney in Miami 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 have decided that filing a Chapter 13 bankruptcy in Miami is the best solution for your debt problems, your experienced Miami bankruptcy 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 Our Chapter 13 Lawyer in Miami?

The Bankruptcy Law Offices of James Schwitalla, P.A. has helped clients recover from their debt problems by filing Chapter 13 bankruptcy in Miami. With our help, you can get on top of your credit debt payments without worrying about losing your home, car, and other properties.

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 Miami

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

The Bankruptcy Law Offices of James Schwitalla, P.A. has extensive experience providing legal support for Chapter 13 bankruptcy cases in Miami, FL.

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.

Get a Free Consultation

The Bankruptcy Law Offices of James Scwhitalla, P.A. offers a free consultation for clients who want to file for Chapter 13 bankruptcy in Miami, FL. Our team will review your debt situation, make sure to answer your questions and recommend the best relief strategy for you.

We have Spanish-speaking lawyers also available for consultation, helping you fully understand your legal options. Connect with a trusted Chapter 13 bankruptcy attorney in Miami today.

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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