Expert Attorneys for Chapter 7 Bankruptcy in Miami, FL

The Bankruptcy Law Offices of James Schwitalla, P.A. helps Miami clients file for Chapter 7 bankruptcy in Florida. With more than 30 years of experience, trust our team to get you the debt relief you need.

When do you file for Miami Chapter 7 Bankruptcy?

Chapter 7 bankruptcy deals with liquidating your assets to pay off your debt. Most people in Miami, FL are eligible to file Chapter 7 bankruptcy provided they own a property in or are permanent residents of the state.

The Bankruptcy Law Offices of James Schwitalla, P.A. helps clients file a Chapter 7 bankruptcy. We recommend this for individuals whose income isn’t on par with the rising expenses. When this happens, you can usually cover your basic needs, but not enough to cover debt like credit card bills.

With Chapter 7, certain debts will be discharged so you can financially recover without worrying about creditors.

Bankruptcy Law Offices of James Schwitalla

How to File for Chapter 7 Bankruptcy in Miami

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 Chapter 7 bankruptcy trustee in Miami. A meeting will be held where you can ask general questions about your bankruptcy petition, if any. 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.

Filing for Chapter 7 bankruptcy in Miami can eliminate debts such as credit cards and medical bills, giving you a fresh start. Doing so 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 in Miami 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 Miami

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

A bankruptcy lawyer will help you determine if you are eligible to file for Chapter 7 bankruptcy in Miami. The decision is based on different factors, including your monthly earnings and expenses. Most people are eligible, particularly if they have insufficient disposable income after paying for their basic expenses.

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

The Bankruptcy Law Offices of James Schwitalla, P.A. has extensive experience providing legal support for Chapter 7 bankruptcy cases in Miami, FL.

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.

Receive Free Consultation

We have Spanish-speaking lawyers also available for consultation, helping you fully understand your legal options. Connect with a trusted Chapter 7 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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