Consumer Bankruptcy Lawyers in Hialeah, Florida

Learn more about LegalMatch lawyers' expertise, history, education, and fees beforehand.

  • /10
  • Client Overall
    Satisfaction Rate*
*TrustPilot score as of 010118

Find Lawyers

Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is typically considered as an option of last resort, because while it can stave off financial disaster, it has some substantial long-term consequences warranting careful consideration of the costs and benefits. Being a product of federal law, bankruptcy will go through federal courts. Accordingly, the procedure for filing for bankruptcy in Florida is basically the same as the procedure anywhere else in the United States. However, individual courts in Hialeah, Florida will have distinct rules for exemptions, so you should speak with a local attorney before filing.

Chapter 7 Bankruptcy in Hialeah, Florida

There are 2 typical forms of consumer bankruptcy in Hialeah, Florida: Chapter 7 and 13. Chapter 7 requires that a certain percentage of the debtor's property be liquidated to pay off at least a small part of their debt. However, many types of property are exempt, and do not need to be liquidated, such as cars, homes, insurance policies, and retirement accounts.

Once the non-exempt property is sold, the rest of the dischargeable debt is absolved. Some types of debt, however, is non-dischargeable, including student loans, criminal fines, and others. If most of your debt in Hialeah, Florida is not dischargeable, Chapter 7 may not be the best option.

Chapter 13 Bankruptcy in Hialeah, Florida

Chapter 13 Bankruptcy in Hialeah, Florida is very different from Chapter 7. Whether or not it is a better option is highly dependent on the facts of each distinct case. Chapter 13 bankruptcy does not absolve debt, it restructures it. This involves a court coming up with an adjusted repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original arrangements that created the debt in the first place. This creates a new payment structure, typically involving a single monthly payment, that the debtor should find manageable.

Which Type of Consumer Bankruptcy Should I File in Hialeah, Florida

Chapter 13 is typically a good option for people who have a steady income, and a large amount of non-exempt property that they can't part with. On the other hand, if most of the debtor's property is exempt, and he or she does not have a steady income, Chapter 7 might be more beneficial.

Regardless of your situation, you should speak with an attorney in Hialeah, Florida who is experienced in bankruptcy before making a decision. They will be able to advise you of your options, and the likely results of each one, allowing you to make a much more informed decision.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Hialeah

Hialeah is a city in Miami-Dade County that is the sixth most populous in the State of Florida with 226,500 residents. Hialeah is incorporated into the Miami Metropolitan Area and is the most densely populated area in the United States without a skyscraper. The city pays host to some of the best shopping in Florida at the Westland Mall which is known to most locals as Westfield Westland and also features a number of popular eateries like Fuddrucker's, Chili's, Manchu Wok, and Edy's. Telmundo is also headquartered in Hialeah. So many businesses attract a number of experienced lawyers. Hialeah lawyers have experience with local courts and cases so they will often be best suited to advising cases in the area.  

Residents of Hialeah enjoy access to many great schools including elementary schools, middle schools, high schools, charter schools, private schools, community colleges, as well as private colleges and universities. The Hialeah Park Race Track offers slot machines and quarter horse races. There are also 3 tennis courts, 5 pools, lots of public parks, and a 10,000 seat football stadium. Hialeah offers a great location, amenities, and schools making it one of the most popular places in Florida to live.