Bankruptcy attorney in Orlando, FL
Do you want to become debt-free? If you are currently struggling with crushing debt, you are not alone. All across the country millions of Americans are in financial distress. Whether your financial problems were caused by an unexpected job loss, a divorce, an accident, an illness, or simply tough economic times, we want you to know that help and relief is available with Attorney Fanny Nater of Nater Law Firm, PLLC.
Filing bankruptcy can help a person discharge some of their debt (Chapter 7) or offer a payment plan suitable to the person’s income (Chapter 13). A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court.
All bankruptcy cases are handled in federal court under rules outlined in the U.S. Bankruptcy Code. There are different types of bankruptcies which are usually referred to by their chapter in the U.S. Bankruptcy Code. Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their financial situation.
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Fanny Nater of NATER LAW FIRM, PLLC is an experienced consumer bankruptcy attorney in Central Florida. Attorney Fanny has filed thousands of Chapter 7 and Chapter 13 bankruptcy petitions on behalf of struggling Floridians. It gives attorney Fanny Nater great pleasure to learn from her clients that they are establishing their credit just months after receiving their discharge.
In the horizon there is the prospect of financial independence and the American dream of home ownership shortly after a bankruptcy.
With her experience, Attorney Nater can help you avoid the pitfalls that can lead to dismissal of your bankruptcy, or creditors not being included in the bankruptcy and coming to collect their debt after discharge.
There are never any hidden fees!
Attorney Nater quotes you a flat fee.
Schedule your free consultation with her now.
Filing Chapter 7 Bankruptcy
In order to qualify for Chapter 7, you must first pass the “bankruptcy means test,” which will compare your income and household size to the median income of the state. If your income is too high and you don’t seem to qualify for a Chapter 7, you may need to consider filing Chapter 13. However, Attorney Nater will try to utilize her knowledge and experience to determine the chapter best suited for your situation, while taking into consideration the laws and exceptions available to each debtor.
The types of debts that can be discharged in Chapter 7 Bankruptcy include:
- Credit Cards
- Personal loans
- Home foreclosures
- Evictions
- Wage garnishments
- Repossessions
- Lawsuits from creditors (i.e. banks, insurance companies, etc).
- Commercial leases
- Contracts
- Liens on the title of homes due to judgements entered by the Court
- Reinstatement of suspended licenses.
- On very limited circumstances Student Loans
Why file for bankruptcy?
Doing nothing will ensure that your credit will not get repaired for as long as the debt remains on your credit. Bankruptcy will stop the clock. Once filed and discharged, your credit will show a zero balance on all debts included in a chapter 7. Although bankruptcy stays on your credit for 10 years, creditors are open to extend credit within months of the discharge being filed by the Court. Therefore, waiting keeps your credit in a negative state longer. While filing your bankruptcy, will allow you to rehabilitate your credit sooner.
How long after I file can I buy a car or a house?
Your ability to buy a house or a car will depend on your ability to pay. However, often times, debtors are able to buy a car within months of their bankruptcy discharge and a house within 3 years of receiving their discharge. The interest rates for a home or car will depend on the lender and the asset being purchased.
What Documents Do You Need to File for Bankruptcy?
The documents you will need are the same whether you are filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy, with slight variations. Below are the most commonly required documents in bankruptcy.
Tax return
You’ll usually need to provide copies of your tax returns or tax transcripts for the last two years in a Chapter 7 bankruptcy, and four years in a Chapter 13 bankruptcy. If you have unfiled returns that you were not required to file because your only income source was nontaxable disability benefits, you will need to provide your yearly benefits letter and bank statements showing the total being deposited each month. If you failed to file, you can expect the trustee to require you to do so and provide copies before concluding or approving your case.
Income documentation
If you are an employee, you will need copies of your pay stubs for the six-month period before the bankruptcy and your last two years of W-2s or tax returns. You’ll also need proof of other income sources such as Social Security, disability payments, income from business or rental properties, pensions and other government assistance.
If you’re self-employed and filing for bankruptcy, you will need to provide a year-to-date profit and loss statement, as well as your tax returns for the two years before filing. Also, be prepared to provide business bank statements to verify deposits and withdrawals. It is important that you maintain your personal and business accounts separate in order to better explain your income and expenses.
Real Estate
If you own real estate, you’ll likely need to provide proof of the value of the home, whether it is your homestead or an investment property. You might choose an online valuation, a broker’s price opinion, or a full appraisal. Also, plan to provide mortgage statements showing current loan balances and payment amounts. You may be able to protect your home from creditors if it is your homestead. Equity in any rental properties may become property of the estate, unless we opt for Chapter 13 from the start.
Vehicle
If you have a car, you’ll need to provide proof of its value. If you have a car loan, you’ll need a recent loan statement showing how much you owe and what your monthly payment is to prepare your paperwork. You might need to produce it along with copies of your registration and proof of insurance, depending on the particular trustee. You may be able to keep your vehicle by reaffirming your debt or buying it back if its value exceeds the amount we can secure through the bankruptcy code.
Retirement and Bank Account
Recent bank and retirement account statements must be provided to the bankruptcy trustees for all accounts. This account can be protected from the creditors so long as it is maintained in a proper retirement account.
Identifications required at the meeting of creditors
An up to date Florida driver’s license or state issued I.D. is required and must be produced to the trustee in advance of the meeting of creditor’s meeting.
Other Documents
Every persons finances will differ. For this reason, other documents may be asked of you that may have not been asked of another individual. For example, if you have other circumstances affecting your bankruptcy, such as being required to pay alimony, child support, or another unusual expense, you will need to show proof of these monthly responsibilities by providing court documents such as a child support order or a marital settlement agreement.
Credit Counseling Requirement
In addition to the documents above, the law requires that you complete a credit counseling class and obtain a certificate before you can file for bankruptcy. These courses can usually be completed online. Once you hire Attorney Fanny Nater of the Nater Law Firm, you will receive information regarding the classes and their costs.
You deserve to have a healthy and prosperous financial life. Get your financial life back on track with a fresh start by filing your bankruptcy before the creditors file their lawsuits against you for the debts you have not paid.
Your best chance for success in this process is with an experienced chapter 7 and chapter 13 bankruptcy attorney. Contact Bankruptcy Attorney Fanny Nater to take the first step today and learn more about your options.
The sooner your file, the sooner you are able to get a discharge of your debt and the sooner you can begin to reestablish your financial future.
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