Bankruptcy Attorney in Orlando, FL

Struggling with debt?

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.

Fanny Nater of NATER LAW FIRM, PLLC is an experienced consumer bankruptcy attorney in Central Florida. We have filed thousands of Chapter 7 and Chapter 13 bankruptcy petitions on behalf of struggling Floridians. It gives us great pleasure to hear from our clients months after receiving their discharge, that after a short period of time, they have begun their road to reestablishing their credit.  In the horizon there is the prospect of financial independence and the American dream of home ownership shortly after a bankruptcy.   

Her experience can help you avoid the pitfalls that can lead to dismissal of your bankruptcy, or worse, creditors not being included in the bankruptcy. 

Attorney Nater personally meets with you, prepares the Petition and Schedules, and attends the meeting of creditors (341 meeting) with you. Attorney Nater is ready to answer any questions you have regarding bankruptcy, including the pre and post filing requirements necessary to obtain a discharge. 

Attorney Nater offers Chapter 7 and Chapter 13 bankruptcy at a flat rate which includes all attorney's fees, credit agency costs and filing fees with comfortable payment plans to meet your budget.  Never are there any hidden fees or piece meal costs.    

Filing Chapter 7 Bankruptcy

Chapter 7 is known as the "liquidation bankruptcy" because debtors liquidate their non-exempt assets in order to pay off creditors. However, due to the bankruptcy exemptions (federal and state), many Chapter 7 cases are no-asset cases and the debtor does not have to liquidate their assets.

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 appear 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 you quality for.

Chapter 7 discharges or "wipes out" certain unsecured debts. Once these debts have been discharged, the creditors are legally prohibited from contacting you and pursuing any type of debt collection activity. You will no longer be responsible for paying any debts that are discharged in your Chapter 7.

The types of debts that can be discharged in Chapter 7 Bankruptcy include:

    • Student loans    
    • Home foreclosures    
    • Eviction    
    • Wage garnishment    
    • Repossessions    
    • Harassment by your creditors    
    • Suspended licenses
    • Inability to open a bank account
   

Filing Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a debt repayment plan. When you file Chapter 13 bankruptcy, you, and your attorney Fanny Nater create a plan to pay off a percentage of your debts over a three to five years period. Many people file Chapter 13 bankruptcy to protect assets they would otherwise lose or must pay to keep when filing a Chapter 7 bankruptcy. We will explain your options for loan modifications versus bankruptcy and the prospects of reaffirming secured debts. After you and your attorney have determined a budget, you will pay back a percentage of your unsecured debt such as credit card bills, lawsuits, judgments, payday loans and hospital bills.

This percentage will be determined by how much you can afford to pay. A Chapter 13 bankruptcy plan is a form of debt consolidation, as you will make one payment to the bankruptcy trustee who will then pay your creditors. At the end of the payment plan, remaining unsecured debts will be eliminated and you will be up to date on your secured obligations.    

Filing Chapter 7 and Chapter 13 bankruptcy puts an immediate stop to:    

• Home foreclosures    
• Eviction    
• Wage garnishment    
• Repossessions    
• Harassment by your creditors 
•  Suspended licenses
•  Inability to open a bank account   

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.

If you are filing separate from your spouse, it is probably a good idea for you to maintain separate accounts.  Otherwise, we will have to account for a portion of your spouse’s 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
When you go to your hearing with attorney Fanny Nater, you will be asked to show valid photo identification such as a driver's license and proof of your social security number. The hearing will not proceed without providing the trustee with these two legal documents.      

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. 

Contact our office to arrange a free consultation to get back on track at 407-688-8896.

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.