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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.
United States Trustee is the “watchdog over the bankruptcy process”. The United States Trustee’s mission is to … read more.
An adversary proceeding is a contested matter that will require a determination by the Bankruptcy Judge. In an adversary proceeding… read more.
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?
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.
The debt is only discharged as to the Debtor and not as to the corporation. Corporations are treated as a… read more.
If you file Chapter 7, the stock or interest you own in the corporation will become property of … read more.
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.
Yes, depending on the circumstances. A strip down (reduction of the mortgage) or strip off… read more.
You can use a Chapter 13 or Chapter 11 to reinstate your mortgage payments. You may also… read more.
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.
There are different requirements depending on the circumstances and under the Chapter filed. A typical deterrent for a bankruptcy … read more.
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.
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.
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?
All of your debts must be listed in your bankruptcy filing. Certain creditors can be approached … read more.
A Debtor is entitled to certain exemptions under state law and federal bankruptcy law. For example, certain exemptions exist … read more.
That question depends on the circumstances and the type of bankruptcy that will be filed. If you fell behind… read more.
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.
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.
What if I entered a settlement agreement with a creditor, can I still file bankruptcy and discharge the debt?
Yes. However, in some rare occasions a settlement agreement may create a security interest in certain assets. The settlement agreement … read more.
Yes. This is one of the many reasons why people file for bankruptcy. However, even if you are… read more.
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.
Credit reporting agencies can report negative information on your credit report for 7 years and bankruptcy for … read more.
A Chapter 11 bankruptcy is similar in certain respects to a Chapter 13. However, Chapter 11 bankruptcies … read more.
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.
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.
A discharge releases the debtor from liability from dischargeable debts. Upon discharge, the debtor will … read more.
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.
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