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Bankruptcy Law Services in Miami

Making a choice to file for bankruptcy is never easy. There are many different reasons why you’re making the final decision, but there’s no reason you have to make it alone. Hiring a bankruptcy lawyer in Miami to help you through this transition in your life will ensure the process goes smoothly and you’re ready to face the next step in your life.

Arturo R. Alfonso, P.A. has been helping individuals file for bankruptcy for thirty years and has the knowledge and experience to help you. Bankruptcy cases from Miami-Dade are filed with the U.S. Bankruptcy Court for the Southern District of Florida, which hears Miami-Dade, Broward, and Palm Beach County filings.

Behind on bills, facing a garnishment, or worried about your home? Ask about your options before you file.

Call (305) 266-9584Request a free consultation

What happens next: tell us briefly about your debts, income, and any lawsuit or sale date, and Attorney Alfonso will get back to you within one business day. Se habla español.

What Is Bankruptcy?

Understanding what bankruptcy is and how it affects you will help you determine if it’s truly the next step in your financial life. Bankruptcy is a federal court process for people who cannot repay their debts. It is usually started by the debtor, who files a petition with the bankruptcy court, and it is a way to “clear the slate” on the debts bankruptcy can wipe out, while treating creditors fairly, as they may receive some repayment. The debtor will begin the process by filling out paperwork, listing all debts and assets, as the assets are sometimes used to pay a portion of the outstanding debt. This legal process is largely used when people or businesses can’t afford to ever pay off their current outstanding debt. Through filing for bankruptcy, this will essentially be starting over. It does affect your credit score and ability to use credit moving forward, but if the endless amount of bills and late notices are stressing out your life, it may be the next step for you. If you still need help in determining whether it’s right for you, a bankruptcy attorney in Miami will be able to better assist you through this difficult decision.

Chapter 7 Bankruptcy

There are multiple types of bankruptcy, each named for its chapter in the U.S. Bankruptcy Code. Chapter 7, often called liquidation, is designed to wipe out most unsecured debts, such as credit cards and medical bills; child support, alimony, most student loans, and recent income taxes usually survive. A trustee can sell nonexempt property to pay creditors, but Florida’s bankruptcy exemptions protect many assets, including a qualifying homestead, most retirement and pension accounts, many government benefits, and certain wages. This chapter of bankruptcy is often the last resort for individuals who aren’t making enough income to cover all their bills and expenses or aren’t bringing in income and have no means of paying off the debt they owe. Having a Miami bankruptcy lawyer on your side can help you navigate what’s available to you to keep and what will be used in the liquidation process.

Chapter 13 Bankruptcy

Filing for chapter 13 usually entails trying to save property during the process of bankruptcy. If you are still earning a steady income but are overwhelmed by debt, you may be afraid of losing your home or business. Chapter 13 bankruptcy involves a court-approved repayment plan, lasting no longer than five years, in which part of your monthly income goes toward your debts. For many homeowners it is a way to catch up on missed mortgage payments over time while keeping the house, which is why it comes up so often when bankruptcy is used to stop a foreclosure. If you’re not sure which chapter is right for your situation, a bankruptcy attorney in Miami can help you sort out the details and find the right action plan for your future.

Before You File in Miami-Dade

Bankruptcy is federal, so a Miami-Dade case is filed in the U.S. Bankruptcy Court for the Southern District of Florida, not in the county courthouse. Federal law adds two steps many people do not expect. First, you must complete a briefing with an approved nonprofit credit counseling agency during the 180 days before you file (11 U.S.C. section 109(h)). Second, after you file, you must finish a personal financial management course, or the court can deny your discharge (11 U.S.C. sections 727(a)(11) and 1328(g)). Both can be done online or by phone, and our guide to what it costs to file bankruptcy in Florida covers their fees. It also helps to gather recent pay stubs, tax returns, bank statements, and a list of every debt before your consultation.

Contact Us

Not sure whether Chapter 7 or Chapter 13 fits your situation? Talk it through with Attorney Alfonso.

Call (305) 266-9584Request a free consultation

What happens next: you describe your debts, income, and anything urgent, such as a garnishment or a foreclosure sale date, and Attorney Alfonso gets back to you within one business day to set up a consultation. Office: 7821 Coral Way, Suite 125, Miami, Monday to Friday, 9 a.m. to 6 p.m. Se habla español.

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