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Experience, integrity, compassion
Recently, one of our founders received thank you in the mail. He could not recall the name of the former client so he called the number on the card. Turns out it was from a gentleman that never did become our client because we advised him to not file bankruptcy. Almost ten years later, the potential client was so grateful he had to reach out.
We pride ourselves on providing our clients (and would-be clients) with the best guidance for navigating financial distress. We will do for you what we would do for ourselves. Unfortunately, not all bankruptcy law firms think this way.
Our experienced team can handle your case remotely or you can visit one of our office locations. Our attorneys have represented thousands of bankruptcy clients, why shouldn’t you be next?
Bankruptcy Now, Michael J. Brooks – Bankruptcy, Credit Card Debt, Foreclosure, Garnished Wages, Child Support, Back Taxes in Miami, FL – Top Bankruptcy Attorney in Miami
Bankruptcy Chapter 7
Attorney in Miami
Within the legal environment, Chapter 7 Bankruptcy is often considered the simplest of all. With this resource, individuals and small business owners can get their debts paid off, if they meet certain conditions. Best of all, it is a quick process, lasting approximately 3 months, and it helps many people get rid of a large part of their financial problems. Of course, the length of the procedure may vary from case to case.
Bankruptcy Chapter 13
Attorney in Miami
This resource is one of the best alternatives to start solving your financial problems. Michael Brooks will help you achieve a favorable outcome by restructuring your debt load and finding a payment schedule tailored to your needs. Upon resolution, a monthly payment will be established to pay off your debts, the duration of which is typically between 3 and 5 years as determined by the bankruptcy trustee.
Our Practice Areas
Do you have any of these common financial problems?
Bankruptcy in Miami
Bankruptcy is very complicated. Many lawyers will not get involved in bankruptcy cases because of the complexities of the bankruptcy code. A lawyer who files the bankruptcy for you needs to be familiar with the bankruptcy code, Florida Statutes and the requirements of all of the Chapter 7 and Chapter 13 Trustees.
Credit Card Debt in Miami
Once you are paying less than full payments on your credit card, you are in trouble. Interest is so high on credit card debt that when you are making minimum payments on the credit card, you are barely paying any principle, if any. If you get so behind on your credit card debt, many credit card companies can do several things.
Foreclosure in Miami
Foreclosure is a state court process that allows the bank to repossess your home. When you bought your house, you signed a promissory note and a mortgage. Because you signed the note and mortgage, if you are behind on your mortgage payments the bank is allowed to begin foreclosure proceedings in state court.
Garnished Wages in Miami
In order to have your wages garnished the first has to be a judgment against you. That means you must be sued by a creditor who you owe money to, and they get a judgment from the court saying you do owe the money.
Child Support in Miami
There is a formula that determines how much child support should be. It is based on both parties income and expenses, need and ability to pay. Most of the time, child support is resolved at mediation in a family case.
Back Taxes in Miami
Property taxes or real estate taxes are non-dischargeable in bankruptcy, meaning they cannot be wiped out. If you want to keep your house, these taxes must be repaid. Outside of bankruptcy, if you don’t pay your real estate taxes within three years, a certificate will be sold.
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Bankruptcy Attorney Miami FAQs
Exemptions allow you to exclude assets from the reach of creditors. Depending on your citizenship status, you may be able to use the U. S. Bankruptcy Code exemptions located in Section 522 of the U. S. Bankruptcy Code, Florida Statutes Section 222 (among other statutes) and the State of Florida Constitution.
A homestead exemption makes you homestead (the home where you live) exempt from the attachment of lien or forced sale by creditors. Under the Florida Constitution, ½ acre located within a municipality or 250 acres outside a municipality (Article x Section III) are exempt from the reach of creditors.
A secured debt is where you have signed a promissory note and there is collateral for the loan (a mortgage or a car). If you default on the loan the creditor can take the stuff that secures the loan. They can foreclose on the mortgage and take your real property, or they can repossess your car. An unsecured debt is when you promises to repay a loan, and there is no collateral. So the creditors only option is to sue you for the return of the money if you default on the loan.
For both a Chapter 7 bankruptcy and a Chapter 13 bankruptcy, there is one hearing that all Debtor’s must attend. It’s not before a judge. It’s before the bankruptcy trustee. The hearing is very informal. During Covid-19, the hearings are by phone. The hearing generally lasts two to three minutes. They usually ask everyone the same questions. You should be prepared prior to the hearing by you attorney. Once that hearing is over, you generally do not have to attend any more hearings.
When people come to see a bankruptcy attorney, their credit is usually already bad or soon will be. You cannot rebuild your credit until you resolve all of your negative financial issues. The fastest way to do that is by filing for bankruptcy. Once the bankruptcy is filed, you can start to rebuild your credit. You will be able to get a credit card (not a debit card). Every month you will make a charge, and immediately pay the card off in full. Within two years, your credit should be in excess of 700.
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Bankruptcy Attorney in Miami
Read more from our Bankruptcy Blog
Is bankruptcy in Florida helpful for tax debt?
Tax issues can be quite complex to understand in the state of Florida. If we add to this the particularities of bankruptcy processes, the result
Can I keep my house if I file bankruptcy?
Filing bankruptcy involves a difficult balance between what you owe, what you have, and what you can afford. Bankruptcy is a big financial step, but
In what cases can Bankruptcy be used?
In the United States, bankruptcy is part of Chapter 11 of the bankruptcy law. Chapter 11 is a form of bankruptcy that involves a reorganization
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