Chapter 7 Bankruptcy Services in Florida

File for Chapter 7 bankruptcy in Florida with The Bankruptcy Law Offices of James Schwitalla, P.A. Our law firm specializes in consumer bankruptcy, with more than 30 years of experience under our belt.

When do you file for Chapter 7 Bankruptcy?

Most people in Florida are eligible to file Chapter 7 bankruptcy, as long as you are a permanent resident or own a property in the state. Note that Chapter 7 is only applicable to individuals, not partnerships or corporations.

Filing a Chapter 7 bankruptcy is a good idea if you find that your income isn’t like before but expenses are rising. With your paycheck, you can cover all your basic needs. However, you don’t have the money to cover credit card bills, medical and other debts.

When you file, certain debts are discharged, allowing you to financially recover as an honest individual debtor. It also stops calls and harassment from creditors.

Bankruptcy Law Offices of James Schwitalla

How to File for Chapter 7 Bankruptcy in Florida

Getting a lawyer is a wise move, especially if you have a complicated Chapter 7 bankruptcy case. They will ensure everything is done correctly before, during, and after filing.

You can also rely on them to aid you through the following steps:

1. Bankruptcy Petition – Your lawyer will help you put together the petition, including all information related to your debts, income, and assets.

2. Automatic Stay – All collection efforts against you are halted during the filing process. This is also known as a “suggestion of bankruptcy.”

3. Relief from Stay – Creditors can legally seek relief from stay to foreclose if their property is secured.

4. Trustee Assignment – The case will be assigned to a Florida Chapter 7 bankruptcy trustee. A meeting will be held to ask you general questions about your bankruptcy petition. This will involve you, your attorney, and the trustee.

5. Objection to Exemptions – Your trustee has the power to assert objections to any exemptions claimed in your Chapter 7 bankruptcy petition.

6. Adversary Claims – If a creditor objects to a debt being discharged or you’ve abused the bankruptcy process, they can file an adversary claim. However, this doesn’t happen often.

7. Bankruptcy Discharge – The bankruptcy court will discharge all approved dischargeable debts. Your non-exempt assets, if any, will be sold by the Chapter 7 trustee.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy can help you reduce debt, protect you from creditors hounding you, and stop wage garnishment. It may be the solution to finally get you out of debt.

Chapter 7 bankruptcy is not available for everyone, but The Bankruptcy Law Offices of James Schwitalla, P.A. is experienced with the filing process in Florida.

If you’ve filed for Chapter 7 bankruptcy in the past eight (8) years, you may not be eligible. However, you may opt for Chapter 13 bankruptcy.

Chapter 7 in Florida can eliminate most debts such as credit cards and medical bills, giving you a fresh start. It can also temporarily stop eviction or foreclosure, so you have time to breathe and negotiate to stay in your home longer.

Why Choose Us

Filing for Chapter 7 bankruptcy can be complex, but we’re here to guide you through every step of the way. With more than 30 years of experience in bankruptcy in Miami, we are able to efficiently assess if you qualify, put the paperwork together, and provide counsel during hearings.

Our expertise also allows us to answer any questions you may have during the process, so you can better understand the situation and make informed decisions moving forward.

FAQs about Chapter 7 Bankruptcy in Florida

How do I know if I’m eligible for Chapter 7 bankruptcy?

A lawyer will help you determine if you’re eligible for Chapter 7 bankruptcy in Florida. They will base it on your monthly earnings and expenses. You should be eligible if you have little to no disposable income after paying living expenses, including rent and food.

You are not eligible if you’ve been granted Chapter 7 discharge within the past eight years. However, you can file for Chapter 13 bankruptcy.

Which is better—bad credit or filing bankruptcy?

It’s faster to fix credit by filing bankruptcy instead of leaving bad debt sitting on your credit report. You’re subject to creditor harassment, lawsuits, and more when you have bad debt.

What happens after filing Chapter 7 bankruptcy?

People wonder when they’ll regain good credit after filing bankruptcy. Consumer credit reports retain information about bankruptcy for ten (10) years.

The good news is that it takes eighteen (18) months of paying your bills on time to re-establish a good credit standing, proving to creditors that you can manage finances properly.

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.

Develop a plan to repay all your debt with Chapter 13 bankruptcy. Plans typically last from three to five years.

We help creditors protect their rights when collecting debt from individuals or businesses and settle disputes.

Our lawyers will aid you in and out of the courtroom and provide counsel on the intricacies of bankruptcy.

Free Consultation - Hablamos Espanol

We offer a free consultation for Chapter 7 bankruptcy 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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