Miami Debt Settlement Attorney Success Story

I recently met with a new client who was in the middle of a lawsuit for failure to pay credit card debt.  The plaintiff in the case was a debt buyer who was suing my client for approximately $3,000.00 plus attorney fees and costs.   The debtor came to me right before the motion for summary judgment against her was scheduled to be heard.   I reached out to the plaintiff and was able to settle the a...
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Is my Miami Chapter 13 Bankruptcy Plan for Three or Five Years?

When potential new clients come to see me to discuss chapter 13 options they typically have done some reading online about the process.  One of the biggest misconceptions that clients get confused is how long the lifespan of a Chapter 13 bankruptcy is.   The simple answer is that your Chapter 13 bankruptcy is either for three years (36 monthly payments) or five years (60 monthly payments) and your...
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Miami Bankruptcy Dismissed – Can I refile?

So you've filed for bankruptcy and your case gets dismissed for one reason or another, can you refile?  I get this question on a regular basis from debtors who usually file a Chapter 13 bankruptcy.  Here is a basic understanding of what happens when a bankruptcy gets dismissed and what can be done. Why was my case dismissed Chapter 7 - Typically a Chapter 7 bankruptcy gets dismissed when certa...
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Important Steps to Take Before Filing a Miami Bankruptcy

Debtors typically have numerous steps to take before filing for bankruptcy in Miami Florida.  The most important step is to find qualified bankruptcy counsel and schedule a free consultation to see if bankruptcy is an option for you. The second step would be to begin to gather documents.  Typically a bankruptcy lawyer would ask you to bring in the following documents:  Bank Statements for ...
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Small Business Loans or SBA Loans in Bankruptcy

I had a recent free consultation come into my office to ask me about small business loans and if they were dischargeable in bankruptcy.  The debtor received an SBA loan on a property when their home was damaged by a hurricane.  Soon the debtor was unable to make payments on the loan and the SBA began to garnish tax refunds as well as attempt to garnish wages.  The debtor came to my office seeking ...
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Will a Dismissed Bankruptcy Show Up on a Credit Report?

Bankruptcy in Florida
One of the most common questions that I get during my free consultation in my Miami Florida office is  whether or not a dismissed bankruptcy will show up on a credit report.    I have recently met with numerous clients who for some reason or another have a dismissed bankruptcy on their credit report.  A lot of these clients are either filing a Chapter 13 bankruptcy on their own (with no plan to go...
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Condo Association foreclosure? Use a Chapter 13 bankruptcy to save your home

A recent free consultation came into my Miami bankruptcy office to discuss options regarding her Condo Association foreclosure lawsuit filed against her. She did some reading about bankruptcy options but wanted to sit down to discuss how we could save her home.  I informed her that there are a few Chapter 13 bankruptcy options that could help her save her home from the association foreclosure: ...
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File Bankruptcy While Being Sued in Miami Florida

A potential client asked me during our initial free consultation if they could still file for bankruptcy if they were just served with a lawsuit complaint.   Apparently the client believed that once you have been sued you can no longer file for bankruptcy.  The truth is you can file for bankruptcy before a lawsuit is filed, after a lawsuit has been filed, or even after a judgment has been entered ...
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Can you Settle a debt in Miami after Judgment?

I recently had a client come into my Miami Florida office to file for bankruptcy but I didn't feel they were a good candidate and instead suggested that they settle their debts.   Clients believed that because they already had a judgment against them it would be impossible to settle the debt.  I've also had other clients ask me the same question, is it possible to settle a debt once it has already...
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Miami Mortgage Modification Through Bankruptcy Success Story

Mortgage Modification Debtors who have attempted to modify their mortgage loans without the assistance of an attorney have realized how difficult the process is. Lenders routinely reject debtors because they have failed to include the correct documentation or have not correctly completed the modification package. Through a Chapter 13 bankruptcy in Miami Florida debtors have the ability to att...
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