Family

    

BANKRUPTCY IS AN OPTION

The Law Offices of Caroline Secor P.A. handle both Chapter 7 and Chapter 13 cases. We understand that filing for bankruptcy is a very difficult and emotional process. That is why we guide our clients through the process every step of the way to answer any questions they may have.

If you are facing financial hardship, cannot keep up with credit card debt, and are in the midst of a foreclosure proceeding, bankruptcy may be a feasible option.  It is our focus to provide aggressive advocacy on behalf of each client to prevent creditor harassment and to help individuals and families get a fresh start. Trust our experience and our dedication to providing effective representation.

If you answered yes to three of or more of the following, bankruptcy may be a viable option for a fresh start:

  • Is your debt over $5000, not including your car or your house? 
  • Are you frequently late on payments?
  • Do your payments account for over 25% of your take home pay? 
  • Do you pay over 20% interest on your debt? 
  • Do you buy necessary items, such as food and clothing, on credit? 
  • Have you considered taking out a loan to pay other loans? 
  • Are you receiving harassing calls from creditors? 
  • Do you make regular payments without your balances going down? 
  • Do you have payments that are over one month behind on more than one bill? 
  • Are your wages being garnished? 
  • Are you being sued? 
  • Have you been turned down for credit?
  • Are you frequently getting cash advances? 
  • Are you without any savings? 
  • Is your car worth more than you owe? 
  • Is your mortgage or rent frequently late? 
  • Do you have high medical bills that are not being paid by insurance?
  • Do you owe income taxes you cannot pay?

Bankruptcy does not discharge most mortgages or liens. If the Debtor decides to keep his/her house or automobile, then payments must continue to be made. If the Debtor is facing a foreclosure or has had an automobile repossessed, then the Debtor may use a Chapter 13 to make payments over time to cure the past due payments and bring the loan current.

Chapter 7 Bankruptcy

This is the quickest and typically the cheapest bankruptcy a person can file.  Because it is so broad in scope, most people who need to file a bankruptcy usually end up filing under Chapter 7.  This type of bankruptcy is available if you do not want to keep your home and facing foreclosure. 

Chapter 13 Bankruptcy:

The second type of bankruptcy may be appropriate if you currently have sufficient income to make the current payments on your mortgage and pay back any amount overdue during a 60 month payment plan.  If you have unsecured debts, often a large portion of that debt may be dischargable (not paid) in a bankruptcy plan, unless your disposable income allows you to repay the unsecured debt. 

If you are married, you may choose to file bankruptcy alone or jointly with your spouse.  You must be a Florida resident for six months, and can only claim Florida exemptions if you have been a Florida resident for 2 years.

 

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