Find a Bankruptcy Lawyer in Miami Gardens, Florida
In Miami Gardens, Florida, bankruptcy is a court procedure in which a person or business has some or all of their debts excused (or "discharged"), theoretically allowing them to start with a clean slate, and move on with their lives no longer drowning in debt (and hopefully having learned to better manage their use of credit in the process). However, bankruptcy should not be treated as a way to avoid debt that one simply doesn't feel like paying. It is meant to be a safety net for people or businesses who are truly unable to pay off their debts. Because bankruptcy is not without negative consequences (such as a severely damaged credit rating for many years afterward), it should be viewed as an option of last resort.
Therefore, it is a good idea to talk with an experienced bankruptcy lawyer in Miami Gardens, Florida. They will be able to advise you on the likely legal and financial consequences of filing for bankruptcy, and help you determine if it's the right option for your. Because this determination depends heavily on the facts of each individual case, the counsel of a Miami Gardens bankruptcy attorney cannot be substituted.
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Types of Bankruptcy in Miami Gardens, Florida
There are 3 bankruptcy schemes that are commonly used in Miami Gardens: Chapter 7, Chapter 13, and Chapter 11 bankruptcy. Bankruptcy is governed by federal law, so the procedures in Miami Gardens, Florida are very similar to what they will be anywhere else in the United States. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her property, and use the proceeds to pay creditors. While this doesn't sound like much of a relief at first glance, the upshot is that once the eligible property is sold, and the proceeds given to the creditors, all of the debtor's eligible debts are deemed paid in full, regardless of how much the creditors actually ended up getting. Not all of the debtor's property has to be sold off - the debtor will usually be allowed to keep things like a house, at least one car, some types of personal property, retirement accounts, and insurance policies. It should be noted that some debts are not dischargeable, and will have to be paid in full even if the debtor files for bankruptcy. This includes student loans, taxes, and criminal fines.
The other form of bankruptcy most commonly used in Miami Gardens is Chapter 13. It allows a person to pay off their debt over a longer period of time, often consolidating it into one periodic payment. In this system, the amount of money the debtor owes is not actually reduced, but the payment of the debt is made far more manageable. This gives the debtor some breathing room, allowing him to continue to earn a living while gradually paying down his debts, and gives some security to creditors that they will eventually collect all or most of what they're owed. Chapter 11 bankruptcy is almost exclusively used by businesses, but there is nothing that legally prevents it from being used by individuals, and its use by individuals is very rare. Chapter 11 bankruptcy requires the debtor to come up with a restructuring plan - telling the court how they propose to cut costs, improve their operations, and pay down their debts. The plan has to be approved by a majority vote of participating creditors.
A major advantage of Chapter 11 bankruptcy is that businesses can continue their operations while going through the process. Also, they can continue to buy and sell their stock.
How Can a Miami Gardens Bankruptcy Lawyer Help?
Filing for bankruptcy in Miami Gardens is a very important decision, and should not be made lightly. Before filing, one should consult with a good Miami Gardens bankruptcy attorney for advice.
There are 177 Bankruptcy, Banking and Credit cases posted in Miami Gardens
Cases Posted to LegalMatch listed by ZIP Code:Bankruptcy Attorneys in the Largest FL Cities
Life in Miami Gardens
Miami Gardens is a suburb of Miami. It is home to approximately 107,168 people. It is also known for having the largest Black population in Florida.Since many know South Beach, the smaller area of Miami Gardens is not as well-known. However, Miami Gardens is home to the Miami Dolphins! The Miami Dolphins play in Sun Life Stadium, near Lake Lucerne. This stadium is host to the annual Orange Bowl for college football. Therefore, if South Beach is filled with a stretch of beautiful beaches, Miami Gardens caters to athletes and sports lovers.
Further, Miami is filled with law firms of all sizes. Therefore, the residents of Miami Gardens will have no issue finding proper legal help. The legal force in Miami is capable of handing any legal inquiry.
