If you are reading this, you may have said to yourself: “I give up; I can’t take this any more.” If you are feeling overwhelmed by your financial situation, bankruptcy can provide you with peace and a fresh start.   We know that you have been struggling with these problems for a long time and will provide you with legal counsel in a comfortable setting.  After the first meeting with our office, you will begin to feel relief. We will help you to stop creditor harassment. After bankruptcy, you can reestablish your credit and start all over again.

There are basically three types of bankruptcy that are available to individuals and businesses.

The main reason to file a Chapter 7 bankruptcy is to discharge one’s unsecured debt (with certain exceptions) while keeping one’s exempt property.  In Florida, there are exemptions so that you can keep your home, a limited amount of personal property, vehicle and certain retirement and IRA plans.  The filing of the Chapter 7 petition stops all creditor action and gives you relief from telephone calls, garnishments and other collection activity.  In Chapter 7, many or all debts are wiped out completely.

If you have too much disposable income to qualify for chapter 7, have assets you want to protect or want to pay the arrearages on your mortgage, you may want to consider chapter 13.

Under Chapter 13, an individual will partially or fully repay debts. The consumer will keep their property and use their income to pay all or a portion of the debts over three to five years. Filing under this chapter will also halt all collection and foreclosure proceedings (including IRS) and allow the debtor to catch up on their payments and reinstate their original agreement.  Your payments will be made to a Trustee who will disburse them in a manner called for in the court-approved plan.   The amount of repayment can range from 10% to 100% depending on the debtor’s income and the composition of amount owed.  This code allows the debtor to restructure their payments and set up a new payment schedule (usually 3-5 years) that is more manageable.  At the end of the three-to five-year period, the balance of what a consumer owes on most debts is erased.

Chapter 11 bankruptcy allows individuals and businesses to continue normal business activities while reorganizing finances to pay its employees and reduce obligations to creditors.  During this chapter, the debtor retains possession of assets and continues operation.  The Plan may last up to five years.   

At the Pinkert law firm, our attorneys are uniquely qualified to provide legal counsel and advocate on behalf of individuals and business considering or currently in bankruptcy proceedings. We will review every detail of your present situation and appropriately guide and counsel you through each step.  Our years of experience will help you navigate through the bankruptcy court. Our philosophy and approach blends technical and business experience with legal expertise. Through the combination of our qualifications, philosophy, and approach, we are well positioned to serve the needs of you, our client.

Please schedule an appointment with us today.  If possible, please bring the following documents  with you:  driver’s license, social security card, two years of tax returns, bills/statements, three month bank statements and pay stubs.

Attorney Contact: Billie Tarnove