Are you considering filing for bankruptcy relief ? Many things should be reviewed before you make a decision.
♦ Is bankruptcy going to solve your financial problem ?
♦ What are your goals in filing for bankruptcy relief?
♦ What does filing for bankruptcy involve?
♦ What does chapter 7 offer you under your particular circumstances?
♦ Is chapter 13 more appropriate for you ?
♦ Can you stop foreclosure on my home under chapter 13?
♦ What is the timetable of a chapter 13 case? ♦ What documents are needed for preparation of a bankruptcy case?
♦ Would any of your property be taken away from me?
Chapter 13 Bankruptcy gives a person the opportunity to work with their bankruptcy lawyer to formulate a chapter 13 plan to reorganize their debt, including mortgages, association liens, property taxes, income taxes, and credit card debt under a 3 to 5 year chapter 13 plan of reorganization. Chapter 13 is also used by those for whom chapter 7 is not appropriate, usually those with a significant amount of non-exempt property or those who do not “pass” the chapter 7 “means test.”
Chapter 7 Bankruptcy is usually used by individuals whose property is all “exempt”, such as a homestead and certain person property, and lower incomes to discharge credit cards and other unsecured debt. But sometime persons who qualify for chapter 7 need to file a chapter 13 case as it offers the person that has needs that chapter 7 cannot provide – such as the need to reinstate their mortgage or payoff IRS debt over time.
Chapter 7 or 13 Bankruptcy ?
It is critical that a bankruptcy case be filed under the correct chapter – that is chapter 7 or chapter 13. In some cases – it is critical that you do not file bankruptcy at all or at a later time. Filing under chapter 7 when the case should have been filed under chapter 13 can lead to very unfortunate consequences. Likewise, filing under chapter 13 may not be necessary if chapter 7 is appropriate. In the vast majority of cases, it is not necessary for a corporation with debt to file for bankruptcy when it closes. In fact, a corporation filing an unnecessary chapter 7 bankruptcy can lead to very unfortunate consequences.
Aventura Bankruptcy Attorney
Jordan E. Bublick has been a chapter 7 and 13 bankruptcy lawyer for over 25 years. Offices: Kendall & Aventura. Tel. (305) 891-4055. Free Initial Consultation