$500+ Chapter 7 & 13 Bankruptcy
Over 35 Years of Bankruptcy Experience
Free Same Day Consultation by Telephone/Office
Call (305) 891-4055 or Click for Appointment
MIAMI BANKRUPTCY LAWYER
MIAMI LAKES – KENDALL – NORTH MIAMI
Background
Experience
MIAMI LAKES
7900 Oak Lane, Suite 400
Miami Lakes, Florida 33016
jbublick@bublicklaw.com
KENDALL
8950 S.W. 74th Ct., Suite 2201
Miami, Florida 33156
Available for Consultation
NORTH MIAMI
1801 N.E. 123rd St., Suite 314
North Miami, Florida 33181
Available for Consultation
“Steps in a Chapter 7 Bankruptcy Case”
Miami Bankruptcy Lawyer
Miami Bankruptcy Lawyer Jordan E. Bublick offers experienced bankruptcy counsel in chapter 7 and chapter 13 cases for those who are unable to manage the burden of their debt, including mortgages, credit cards, personal loans, medical bills and taxes.
Types of Bankruptcy
The different types of bankruptcy are usually referred to by their chapter number in the Bankruptcy Code.
Individuals may file under Chapter 7, Chapter 13 or Chapter 11 bankruptcy depending on their circumstances.
Business may file bankruptcy under Chapter 7 to liquidate or Chapter 11 to reorganize.
“Fresh Start”
One of the principal goals of the Bankruptcy Code is to provide the honest debtor a financial “fresh start” from burdensome debt.
The U.S. Supreme Court explained that the purpose of the “fresh start” is to give to the “honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.”
This goal is accomplished through the bankruptcy discharge which which releases a person from personal liability from certain types of debt.
Automatic Stay
Upon the filing of a bankruptcy case with the Clerk of the Bankruptcy Court, the “automatic stay” is generally imposed to stay and stop most lawsuits, foreclosures, garnishments, and collection activity against the debtor and their property.
Some types of actions, such as certain regulatory actions, are not stayed.
Property Acquired after Bankruptcy Filing
Generally, your bankruptcy estate consists only of the property you owned on the date of the filing of your bankruptcy case. But certain property that you acquire after filing for bankruptcy are part of your bankruptcy estate. Supplemental schedules may need to be prepared and filed with the Bankruptcy Court.
Florida Homestead and the In-Laws Quarters
The case of In re Ensenat, 2007 WL 2029332 (Bkrtcy.S.D.Fla. May 24, 2007)(Isicoff, J.), reminds one how fact specific may be the determination of the extent of a Florida homestead exemption under Article X, Section 4(a)(1) of the Florida Constitution. This case involved a parcel of real property with two buildings. The first building was the debtors’ home and the […]
Exemption of Annuities in Florida
Florida law provides a certain exemption for annuities from creditor collection. Florida Statute section 222.14 provides that “the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment … or legal process in favor of any creditor … of the person who is the beneficiary of […]
