Why Do You Need a Florida Bankruptcy Attorney?
The number one reason someone needs a Florida bankruptcy attorney is that they are in debt. They have suffered a financial crisis, such as unemployment, loss of a spouse, or illness, which prevents them from working or earning as much as they did before the crisis. They cannot afford to pay their living expenses and their debts. Therefore, the need a Florida bankruptcy attorney to help them file for debt relief under the Bankruptcy Code.
If you have debt that you cannot pay, a Chapter 7 or Chapter 13 bankruptcy case may be the best option for getting out of debt. You can learn about bankruptcy and discuss your options free of charge with a Florida bankruptcy lawyer.
Contact our Daytona bankruptcy attorney by calling (888) 316-2131 to schedule your free bankruptcy consultation. Are you ready to stop creditor harassment, get out of debt, and protect your property? If so, we are ready to help.
Do I Need A Bankruptcy Attorney?
The first question to ask yourself is, “Do I need a bankruptcy attorney.” In other words, do you think you may need to file a bankruptcy case? To help you determine if you need help from the bankruptcy system to get rid of debt, let's look at a few examples of why you may need to file a Chapter 7 or Chapter 13 bankruptcy case.
Signs you need to talk to a Daytona bankruptcy attorney:
• After paying normal living expenses, you do not have enough money to pay your debt payments (i.e. credit card bills, mortgage, personal loans, medical bills, student loans, tax debt, car loans, etc.).
• You are using credit cards to pay for daily living expenses such as groceries, gas, rent, utilities, school lunches, etc.
• To try to make ends meet, you have used all the money you had in savings.
• You are beginning to use retirement funds for expenses or bills.
• You have applied for,or you are considering applying for personal loans, a second mortgage, or an equity line to pay bills.
• Creditors are threatening to use foreclosure, repossession, and debt collection lawsuits to collect debts.
• You are considering calling a debt consolidation company for help.
• Your wages are being garnished for debts that you owe.
• The problems with debt are causing you to suffer emotional or physical conditions that threaten your health.
If you are experiencing any of the above situations, you need to consult with a Daytona bankruptcy lawyer to discuss options for getting rid of debt.
Why Do People File for Bankruptcy Relief?
Many people feel ashamed that they cannot pay their debts. However, in most cases, the financial problems began with a life-event that was not within the person's control.
Common reasons why people need to file a Chapter 7 or Chapter 13 include:
• Unemployment or other loss of income
• A prolonged decrease in income
• Death of a spouse or child
• Divorce and separation
• Closing a family business
• Accidental injury or illness
• Abused credit and/or mismanaged money
The bankruptcy system is designed to give someone a fresh start to recover from a financial crisis without the burden and stress of debt. The Bankruptcy Code does not say that a person must have a good reason for being in debt. Unless fraud is involved, the reason for your debt problem does not matter. You are entitled to seek debt relief through bankruptcy just like any other person.
I am Ready to File a Bankruptcy. Do I Need to Hire a Daytona Bankruptcy Attorney or Can I Do It Myself?
You may have heard several times that just because you can do something that does not mean you should do it. Many of our parents used this logic as we were growing up to try to teach us that there are some things that we do not want to do even if we can do them. The logic applies to filing a Chapter 7 or Chapter 13 bankruptcy case.
The Bankruptcy Code does not prevent you from filing bankruptcy without an attorney. However, even though you may legally file your case “pro se” or without an attorney does not mean that you should do so. We represent many clients who attempted to file bankruptcy without an attorney. After they filed their case, they realized they needed help.
In many cases, we were able to help them correct the issues that were preventing them from obtaining a bankruptcy discharge. Sadly, some people who file bankruptcy without an attorney are not so fortunate. Some debtors who file bankruptcy without the assistance of an attorney lose property and have their discharge denied. Therefore, we urge you to consult with our Daytona Beach bankruptcy attorney to avoid potential mistakes that could become very costly.
Reasons Why You Need a Florida Bankruptcy Attorney
• We Understand Bankruptcy Law
The Bankruptcy Code is a complex section of the law that can be difficult to understand even for legal professionals who do not routinely practice bankruptcy law. When you represent yourself in a bankruptcy action, the judge will hold you to the same standards and expect you to know the law and rules just as he would an attorney. Our bankruptcy lawyers have extensive experience handling bankruptcy matters. Therefore, you can benefit from our knowledge of the law as we analyze your financial situation to determine whether a bankruptcy case is right for you and, if so, what chapter of bankruptcy to file.
• Protect Assets
A bankruptcy filing can protect your assets from creditors and the court. However, if you do not claim the correct exemptions or file under the correct chapter, you could lose assets. Remember, once you file your bankruptcy petition, it cannot simply be undone. You do not have an automatic right to dismiss a Chapter 7 case. Therefore, a trustee could continue to sell your assets even if you want to dismiss your Chapter 7 case. An attorney's counsel and guidance before filing Chapter 7 can help to avoid this problem.
• Bankruptcy Alternatives
If filing bankruptcy is not your best option for debt relief, we will tell you. Our attorneys are also well-versed in other forms of debt relief. We can discuss the pros and cons of each type of debt relief and alternative to bankruptcy, so you can weigh your options before proceeding.
• Assistance Completing and Filing Forms
A typical bankruptcy petition, schedules, and statements can consist of 50 to 100 pages, depending on the debtor. The information required to complete bankruptcy forms is detailed, and you must know what information must be provided on each form. Omitting information or listing the wrong information could become a costly mistake.
• Value Property
It is very important in a Chapter 7 case to correctly value property. If you value the property incorrectly, you could lose property. In a Chapter 13 case, the incorrect value could result in a higher than necessary plan payment.
• Attend Court Hearings
You will be required to attend court at least once. A Florida bankruptcy attorney will prepare you for the hearing and attend the hearing with you to guide you through the process.
• Protection from Creditors
Once you hire a bankruptcy law firm, you can notify your creditors that they should contact your attorney. Therefore, you do not need to deal with any further creditor harassment.
Learn More from an Experienced Florida Bankruptcy Attorney
Our Daytona bankruptcy attorney helps clients throughout Volusia County. If you are ready to learn more about how bankruptcy can get rid of debt, contact our office for a free bankruptcy consultation by calling (888) 316-2131.