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Bankruptcy2020-08-11T12:27:19-04:00

Bankruptcy

FAQ

If you are looking for a bankruptcy lawyer in Miami or a bankruptcy law firm providing services for Florida or Puerto Rico you are in the right place. please find a full list of our services here

This section provides information relating to frequently asked questions and their corresponding answers in our various areas of practice for our clients in Miami and Puerto Rico. Should you have any additional questions – regarding our bankruptcy lawyers in Miami or about any of our other areas of practice, please do not hesitate to contact us.

What is a bankruptcy Trustee?2020-05-27T13:15:32-04:00

United States Trustee is the “watchdog over the bankruptcy process”. The United States Trustee’s mission is to … read more.

What is an adversary proceeding?2019-09-30T19:18:30-04:00

An adversary proceeding is a contested matter that will require a determination by the Bankruptcy Judge. In an adversary proceeding… read more.

What is a co-debtor stay in bankruptcy under Chapter 13?2019-09-30T19:21:18-04:00

A co-debtor stay means that a creditor cannot proceed against a person or business entity (the co-debtor) that is jointly liable for the debt of a Debtor. The co-debtor is… read more.

What if I file bankruptcy on behalf of my corporation, will my name also be included in the bankruptcy?2019-10-01T12:19:59-04:00

Your name will be included for purposes of signing the bankruptcy schedules and as a representative of the corporation or a limited liability company. However… read more.

Why is my corporation being sued if I filed for bankruptcy?2019-09-27T20:47:52-04:00

The debt is only discharged as to the Debtor and not as to the corporation. Corporations are treated as a… read more.

What if I own a corporation but do not wish to include it in the bankruptcy?2019-10-01T12:20:40-04:00

If you file Chapter 7, the stock or interest you own in the corporation will become property of … read more.

Can I file for bankruptcy if I own a corporation or if I am self-employed?2019-09-27T20:46:04-04:00

Yes. Special attention will have to be made as to … read more.

What is the Means Test under the bankruptcy code?2019-09-27T20:45:17-04:00

The Means Test is a set of calculations used to determine whether a presumption of abuse exists for a Chapter 7 consumer debtor. Under the Means Test… read more.

Can I strip down my car loan in bankruptcy?2019-10-01T12:21:13-04:00

Yes, depending on the circumstances. An automobile loan may be reduced to… read more.

Can I strip down my mortgage in bankruptcy?2019-09-27T20:43:21-04:00

Yes, depending on the circumstances. A strip down (reduction of the mortgage) or strip off… read more.

How would a bankruptcy help me from losing my home in foreclosure?2019-09-27T20:42:34-04:00

You can use a Chapter 13 or Chapter 11 to reinstate your mortgage payments. You may also… read more.

What happens if I know I owe a creditor but I do not have their information?2019-09-27T20:41:04-04:00

You need to list each of your creditors to make sure they are provided notice of your bankruptcy filing. If you are having… read more.

What are the requirements for filing a bankruptcy?2019-09-27T20:40:16-04:00

There are different requirements depending on the circumstances and under the Chapter filed. A typical deterrent for a bankruptcy … read more.

Can a creditor appear at the First Meeting of Creditors (341 Meeting)?2019-09-27T20:39:25-04:00

Yes. Creditors have the right to appear at the First Meeting of Creditors… read more.

What if I can’t make it to the First Meeting of Creditors (341 Meeting)?2019-09-27T20:38:29-04:00

A valid reason for your absence would have to be provided in advance or a request to excuse your physical presence will have to be made. A request to reschedule… read more.

What is a First Meeting of Creditors (341 Meeting) in bankruptcy?2019-09-27T20:37:26-04:00

The First Meeting of Creditors or 341 Meeting is a meeting with the trustee in which certain questions will be asked as to the accuracy of your schedules. It gives… read more.

Can I cancel my bankruptcy filing at any time?2020-06-03T10:03:17-04:00

The dismissal of a Chapter 7 bankruptcy filing is not absolute. A Chapter 7 can only be… read more.

How much money do I have to owe in order to file bankruptcy?2019-10-11T16:56:02-04:00

There is no limit as to what the amount of debt you owe can be. However, the amount … read more.

What if my bankruptcy is dismissed by the court?2019-09-27T20:34:33-04:00

Usually the dismissal will be with prejudice for 180 days. This all depends on … read more.

Do I have to include all of my debts in the bankruptcy schedules or can I stay with certain credit cards or lines of credit?2019-10-11T16:47:59-04:00

All of your debts must be listed in your bankruptcy filing. Certain creditors can be approached … read more.

Can I keep my 401k if I file bankruptcy?2019-09-27T20:32:32-04:00

Yes. A 401k is exempt under Florida law and federal bankruptcy law. However,… read more.

What is an exemption in bankruptcy?2019-09-27T20:31:41-04:00

A Debtor is entitled to certain exemptions under state law and federal bankruptcy law. For example, certain exemptions exist … read more.

Can I keep my vehicle or home if I file bankruptcy?2019-09-27T20:30:20-04:00

That question depends on the circumstances and the type of bankruptcy that will be filed. If you fell behind… read more.

How much does a bankruptcy cost?2019-09-27T20:29:15-04:00

The Southern District of Florida has capped Chapter 13 filings at: $3,500 attorney fees, $750 per motion to value real property, $500 per motion to value personal property, $150 costs and $274 filing fee. Other districts … read more.

Can a bankruptcy that has already been discharged be reopened?2019-09-30T20:47:46-04:00

Yes. The Clerk of the Bankruptcy Court will charge a fee to do so. You would … read more.

What debts are not dischargeable in bankruptcy?2019-09-30T20:42:19-04:00

Some debts that are non-dischargeable under 11 U.S.C. § 523 include but are not limited to: a) certain taxes subject to certain conditions;… read more.

If my spouse files for bankruptcy, what would I be liable for?2019-10-01T12:21:55-04:00

You would be liable for all debts that you are personally… read more.

If I am married, does my spouse have to be included in the bankruptcy?2019-09-27T20:22:52-04:00

No, your spouse does not have to file bankruptcy with you. However… read more.

Can I file bankruptcy more than once?2019-09-27T20:21:59-04:00

Yes. You can file a Chapter 7 petition once every 8 years. You can file a Chapter 13… read more.

What if I have a judgement entered against me, can I still file bankruptcy and discharge the debt?2019-09-30T21:06:02-04:00

Yes. However, if a perfected judgment lien exists on your property,… read more.

What if I entered a settlement agreement with a creditor, can I still file bankruptcy and discharge the debt?2019-09-27T20:19:49-04:00

Yes. However, in some rare occasions a settlement agreement may create a security interest in certain assets. The settlement agreement … read more.

What if I am unemployed, can I still file bankruptcy?2019-09-27T20:18:39-04:00

Yes. This is one of the many reasons why people file for bankruptcy. However, even if you are… read more.

What if I don’t have a valid social security card?2019-09-27T20:17:36-04:00

If you have a valid social security card, you will need your original card to file bankruptcy. If you lost your valid social security card… read more.

Will I be able to obtain credit after I file bankruptcy?2019-09-27T20:16:25-04:00

Debtors can seek secured credit cards to rebuild their credit. These are credit cards… read more.

How long will it take before my credit is restored after I file bankruptcy?2019-09-30T21:21:56-04:00

Credit reporting agencies can report negative information on your credit report for 7 years and bankruptcy for … read more.

Will my credit be affected if I file a bankruptcy?2020-07-17T15:49:40-04:00

Yes. A bankruptcy will reduce your creditor score. After your bankruptcy,… read more.​

What is a Chapter 11 bankruptcy?2019-09-27T20:12:37-04:00

A Chapter 11 bankruptcy is similar in certain respects to a Chapter 13. However, Chapter 11 bankruptcies … read more.

Can a corporation or limited liability company file a Chapter 7 or 13?2019-09-27T20:11:11-04:00

A corporation or limited liability company can file a Chapter 7 but will be considered no longer doing business.  A corporation or limited liability company does… read more.

What is the difference between a Chapter 7 and a Chapter 13 in bankruptcy?2019-09-27T20:10:55-04:00

According to the Constitution of the United States of America regarding bankruptcy law, a Chapter 7 bankruptcy is a total liquidation. The debtor in a Chapter 7 … read more.

What is a discharge in bankruptcy?2019-09-27T20:10:38-04:00

A discharge releases the debtor from liability from dischargeable debts. Upon discharge, the debtor will … read more.

What is a Debtor in bankruptcy?2019-09-27T20:10:20-04:00

A debtor is simply the person or entity which has filled bankruptcy. In bankruptcy terms, the debtor is the individual or entity responsible for the debt which is being discharged… read more.

What is the benefit of filing a bankruptcy?2019-09-27T16:36:26-04:00

Whether you are filling for bankruptcy in Miami or any other area, it can eliminate certain debts and give you the benefit of a fresh start. Bankruptcy allows debtors the ability to… read more