Bankruptcy is a given right for all United States citizens, and bankruptcy can help get you started on the path to financial freedom. Filing for bankruptcy can be daunting and it is highly recommended to consult with our Broward bankruptcy attorneys so that you are aware of all of your options and understand the processes involved. Depending on your situation specifically, you may be able to qualify for a range of options when it comes to filing for bankruptcy. Our Florida bankruptcy attorneys can determine the best course of action for you.
The Bankruptcy Process
Many factors can affect the bankruptcy filing process including both federal and state laws as well as limitations set by your specific state of residence. Due to the range of factors that can affect this process, it is important to hire an experienced and well-versed bankruptcy lawyer in Broward for guidance throughout the entire process.
At Loan Lawyers, our team of Broward bankruptcy lawyers has the necessary experience and dedication to help you through the bankruptcy process and get you on a path to becoming debt-free. Our skilled Fort Lauderdale bankruptcy attorneys will assess your current financial situation and advise on the best course of action to help you see the most positive outcome in the end.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy allows for the dismissal of all unpaid debts. The process is fairly quick, but the eligibility for Cs is much stricter than some of the other options. For this type of filing, you must pass a ‘Means Test’ which evaluates your current income versus your total unpaid debts to see if you qualify for Chapter 7.
In addition, there are often state limitations and state laws that can come into effect to prevent you from qualifying for Chapter 7. At Loan Lawyers, our skilled Broward bankruptcy lawyers will be able to advise on these limitations and laws so that you can move forward with the right type of filing.
Chapter 13 Bankruptcy
Typically, those who do not qualify for Chapter 7 bankruptcy end up filing for Chapter 13 bankruptcy. This is usually because their incomes are too high to qualify for Chapter 7. Chapter 13 generally allows individuals payment extensions or payment plan modifications on debts.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy is usually for business owners, but there are instances where an individual may have to go this route as well. This type of filing is for those with extremely high debts or business loan debts. This type of filing can be very complex based on the filer’s specific financial situation, so it is crucial to contact a Broward bankruptcy attorney to make sure you fully understand the process.
Cities in Broward County We Serve
- Coconut Creek
- Cooper City
- Coral Springs
- Dania Beach
- Davie
- Deerfield Beach
- Hallandale Beach
- Hollywood
- Lauderhill
- Lauderdale Lakes
- Lighthouse Point
- Miramar
- Margate
- North Lauderdale
- Parkland
- Pembroke Pines
- Pompano Beach
- Plantation Bankruptcy Lawyer
- Tamarac
- Southwest Ranches
- Sunrise
- Wilton Manors
- Weston
- West Park
Top Myths About Filing Bankruptcy in Broward County You Should Not Believe
Filing Bankruptcy Means You Failed with Your Money
This is perhaps the most harmful myth about bankruptcy. Bankruptcy protection literally helped form this country, with the founding fathers including it in the U.S. Constitution. Additionally, many studies over the past decade have shown that the majority of bankruptcies are the result of factors outside of a person’s control. The main causes of bankruptcy are job loss, medical debt, and divorce.
Most people that file bankruptcy do not need to do so because they mismanaged their money. Even when that is the case, it in no way indicates that a person is a failure. In fact, it shows they learned a lesson and are now on the path to correct their issues.
I Will Lose Everything when Filing Bankruptcy
If you file Chapter 7 bankruptcy, there is a chance that you may lose some property. However, you will not lose all of your belongings. Whether you are a couple or individual, the law provides exemptions for certain possessions, up to a specific value. Using these exceptions, fewer than five percent of bankruptcy cases result in a person giving up property. Generally speaking, you can exempt one vehicle, retirement savings, household goods, and equity in your home.
All of My Debts Will Go Away After I File
Bankruptcy does provide a way to discharge your debt and you are not responsible for repaying that debt if you are successful with your case. There are caveats to this, though.
If you want to completely get rid of most of your debt, you will have to file Chapter 7 bankruptcy. If you have a significant amount of credit card debt, you can likely get all or most of it discharged through a Chapter 7 bankruptcy. A Chapter 13 bankruptcy may eliminate some of your debt, but you will have to repay the majority of it. Even when filing Chapter 7 bankruptcy, there are some types of debt you cannot get discharged. These include recent income taxes, student loans, and obligations for domestic support, such as alimony and child support.
I Will Never Be Eligible for Credit Again
It is easy to assume that because you just filed bankruptcy, creditors will view you as a high risk borrower that cannot manage their money and so, they will not provide you with credit in the future. In fact, the opposite is true.
Weeks after your bankruptcy case is over, you will start to receive credit card offers. While creditors will not view you as low risk, they will view you as a lower risk than before you filed bankruptcy. This is because you no longer have as many debt obligations, and you are barred from filing bankruptcy again for a certain period of time. They will offer you a credit card at a higher interest rate, knowing they can pursue legal action if you become delinquent with the debt.
While you will pay more to use the credit card, it is usually worthwhile because it will help you rebuild your credit score faster. Once you do that, you can then obtain credit that has a lower interest rate and is more affordable to repay.
I Cannot Purchase a Home After Filing Bankruptcy
There is some truth behind this common bankruptcy myth. The majority of lenders, including the Federal Housing Administration (FHA), and Fannie Mae and Freddie Mac will require you to wait at least two years once your debt is discharged before applying for a home loan. You will still need good credit when you apply, so it is important to rebuild it during that two-year period.
If I File Bankruptcy, I Will Lose My Job
The bankruptcy laws make it illegal for government and many private employers to discriminate against employees that file bankruptcy. Still, most employers do not consider a bankruptcy filing when making hiring or firing decisions, unless the position involves handling large amounts of money. Even when they do, they will likely consider a bankruptcy a more responsible financial decision than if your finances are in shambles.
I Cannot File Bankruptcy Because My Income is Too High
If you file Chapter 7 bankruptcy, you will have to pass a means test. This test is to determine whether your income is enough to repay your debts. Even if your income is considered high enough to handle your debt, you can still file Chapter 13 bankruptcy.
Bankruptcy is Too Expensive
Filing bankruptcy can cost thousands of dollars if you use an attorney and it seems counterproductive that you have to pay this amount when you are in financial trouble. However, you must consider the years of money, frustration, and stress you are saving yourself in the future. Most Broward County bankruptcy lawyers offer free consultations, at which they can advise on how you can pay for bankruptcy. Also, working with a lawyer will help you avoid some of the costly mistakes that are often made during the process.
Contact The Broward Bankruptcy Attorneys At Loan Lawyers
Here at Loan Lawyers, our Fort Lauderdale bankruptcy attorneys in Broward are here to assist you through the bankruptcy process. We offer bankruptcy services and more to clients across Broward County and South Florida including Sunrise, Hollywood, Miami, Pompano Beach, Boynton Beach, Weston, Hialeah, Palm Beach, and the surrounding area. Give us a call at 954-523-HELP (4357) to schedule a consultation today.