Filing for bankruptcy is a significant step that requires careful consideration and the guidance of a skilled professional. As experienced bankruptcy attorneys based in Miami, we understand the financial challenges individuals and businesses may face. Whether grappling with overwhelming debt or seeking a fresh start, our team brings a wealth of knowledge to navigate the complexities of bankruptcy law.
We offer a free consultation to help potential clients understand their options. During these consultations, we listen to the specifics of each situation and provide clear, tailored advice on the potential paths forward, including Chapter 7, Chapter 11, or Chapter 13 bankruptcy filings. Our aim is to empower clients with the information they need to make informed decisions.
In Miami, the legal and financial landscape can present unique challenges and opportunities for those considering bankruptcy. We are dedicated to providing our clients with a strategic, straightforward approach to addressing their financial issues and pursuing a resolution that aligns with their goals. Our expertise in local laws ensures that we offer advice that’s not only confident and knowledgeable but also grounded in the reality of Miami’s economic environment. Learn more about Bankruptcy attorney Miami
Understanding Bankruptcy in Miami
Bankruptcy is a legal avenue for individuals and businesses in Miami to manage overwhelming debt. We offer guidance through the various types of bankruptcy proceedings, tailored to Dade County regulations and practices.
Basics of Bankruptcy Law
In Miami-Dade, bankruptcy law provides a structured process for debtors to either eliminate or repay their debts under the protection of the bankruptcy court. Chapter 7 bankruptcy involves liquidating a debtor’s non-exempt assets to pay off creditors, which can lead to a discharge of most unsecured debts. Chapter 13 bankruptcy allows individuals with regular income to create a repayment plan to pay off all or part of their debts. A less common form, Chapter 11 bankruptcy, primarily pertains to business bankruptcy, permitting reorganization to keep the business alive while paying creditors over time.
Types of Bankruptcy Cases
Bankruptcy cases in South Florida typically fall into two categories:
- Consumer Bankruptcy:
- Chapter 7: For individuals with limited income to discharge unsecured debts.
- Chapter 13: For individuals with consistent income seeking debt reorganization.
- Business Bankruptcy:
- Chapter 11: For businesses needing to restructure while remaining operational.
Personal injury and foreclosure cases in Miami can also intersect with bankruptcy when debtors seek relief from financial liabilities associated with these legal issues.
The Bankruptcy Process
Our practice area in Miami-Dade encompasses guiding debtors through the bankruptcy process, which generally involves:
- Pre-filing counseling
- Filing a bankruptcy petition
- The automatic stay going into effect
- Meetings with creditors
- Adhering to payment plans or liquidation
An automatic stay provides immediate relief by halting actions like foreclosure, garnishments, and persistent creditor calls. Complying within the legal framework of South Florida is crucial for the bankruptcy process to effectively alleviate the financial burden on debtors.
Choosing the Right Attorney
To navigate Miami’s bankruptcy laws successfully, it’s essential to choose an attorney with extensive experience and a solid track record. We bring over 25 years of practice in bankruptcy law, ensuring we possess the necessary expertise. Our Avvo rating and proven record in Dade County stand as a testament to our ability to handle Chapter 7, Chapter 13, and Chapter 11 bankruptcies. When facing personal financial challenges or if your business is confronting insolvency, trust our legal team to provide confident and clear-cut solutions.
Financial Recovery and Litigation
In our practice as Miami bankruptcy attorneys, we focus on securing our client’s financial future through asset protection, aggressive debt defense, and strategic bankruptcy litigation, including tax solutions as part of the bankruptcy process.
Asset Protection and Debt Relief
Asset protection and debt relief are crucial steps we undertake for families and individuals seeking a fresh start in Miami, Broward, and Monroe County. Debt relief options range from negotiating settlements with creditors to filing for bankruptcy. We tailor our strategies to protect your property rights and assets from foreclosure and adverse outcomes in divorce proceedings.
- Foreclosure Defense: Implement defense measures to safeguard your real estate from foreclosure, including litigation when necessary.
- Wage Garnishment: Argue vigorously to prevent or cease wage garnishment, allowing you to keep more of your earnings.
- Credit Card Debt: Negotiate with credit card companies to settle debts and, if required, litigate to protect your interests.
- Hablamos Español: Provide bilingual services to ensure understanding and accessibility for our Spanish-speaking clients.
Foreclosure and Debt Defense
We provide dedicated foreclosure defense and debt defense services, ensuring our clients’ rights are upheld against creditors. Foreclosure defense cases are handled with the intent to secure your real estate interests, while aggressive defense against other debts, like credit card obligations, is aimed to offer the utmost fiscal protection.
- Family and Divorce: Guard the financial integrity of family assets during divorce proceedings.
- Civil Litigation: Engage in civil litigation to defend against unjust or erroneous debt claims.
- Automatic Stay Litigation: Effectively employ the automatic stay provision in bankruptcy to halt foreclosure and other collection activities immediately.
Bankruptcy Litigation
In bankruptcy litigation, we leverage our expertise to support our clients’ rights vigorously. Our experience with tax-motivated bankruptcy cases and automatic stay litigation becomes particularly relevant, as we help clients navigate complex legal waters.
- Credit Card Issues: Challenge credit card debt claims as part of the bankruptcy process.
- Real Estate Matters: Represent clients in disputes over property, ensuring they get the possible outcome from the bankruptcy.
- Civil Litigation: Offer comprehensive services in civil litigation that arise before, during, or after the bankruptcy filing.
Tax Solutions in Bankruptcy
Strategically addressing tax liabilities is an integral part of our bankruptcy services. We aid clients with various tax matters, from IRS payment plans and tax lien matters to tax court litigation.
- Tax Liabilities: Assist with income, sales and use, employment, excise, and property taxes as part of the bankruptcy proceedings.
- IRS Audits and Tax Controversies: Provide defense against IRS audits and aid in the resolution of criminal and civil tax controversies.
- Tax Relief Solutions: Explore tax relief solutions, including the restructuring or discharge of tax debts, within the framework of bankruptcy.
