Find a Bankruptcy Lawyer in Cape Coral, Florida

Find the right Bankruptcy attorney in Cape Coral, FL

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In Cape Coral, Florida, bankruptcy is a court procedure in which a person or business has some or all of their debts absolved (or "discharged"), theoretically allowing them to commence 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 really 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.

Accordingly, you should speak with a good Cape Coral, Florida bankruptcy lawyer. Your Cape Coral bankruptcy lawyer can inform you of the costs and benefits of filing for bankruptcy, and give his or her professional evaluation as to whether or not it's a good option, given your specific circumstances.

Types of Bankruptcy in Cape Coral, Florida

In Cape Coral, Florida, there are three basic bankruptcy schemes that are most frequently used. They are identified as Chapter 7, Chapter 13, and Chapter 11. Being a product of federal law, the procedural rules governing bankruptcy in Cape Coral, Florida will be very similar to those in any other part of 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 appropriate 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 typically 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.

Under Chapter 13 bankruptcy in Cape Coral, most of the debtor's debt is not discharged. Instead, the bankruptcy court, working with the debtor and participating creditors, work out a payment plan that allows the debtor to pay off most of his or her debts over an extended period of time, therefore theoretically making the debt far more manageable. Once a payment plan is approved by the court, creditors are prohibited from attempting to collect payment under their original agreements that gave rise to the debt in the first place. 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 main 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 Cape Coral Bankruptcy Lawyer Help?

The decision to file for bankruptcy in Cape Coral is not one to be made lightly, and it certainly should not be made without first obtaining the advice of an efficient Cape Coral bankruptcy attorney.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Cape Coral

Cape Coral, Florida is a city in Lee County, Florida. It has a population of approximately 155,000 people.

The city of Cape Coral, Florida was founded in 1957. Development of the area continued through the 1960s. Cape Coral saw a major addition with the construction of the Cape Coral Bridge, which is about 1 kilometer long. This reduced the drive time between Cape Coral and nearby Fort Myers from over half an hour to just a few minutes.

This allows the professionals who reside in Cape Coral, Florida, such as doctors, accountants, and lawyers, to shorten their commutes to the larger cities in the surrounding area, turning Cape Coral into a quiet residential community.

The economy of Cape Coral, Florida is largely dominated by city government, healthcare, and services. All of these industries employ large numbers of administrative personnel, such as lawyers.

If you live in or around Cape Coral, Florida, and need an attorney, it's very likely that there's a Cape Coral, Florida lawyer who can help you with whatever legal issue you might face.