Find a Bankruptcy Lawyer in Gainesville, Florida

Find the right Bankruptcy attorney in Gainesville, FL

In Gainesville, Florida, bankruptcy is a court procedure in which a person or business has some or all of their debts cleared (or "discharged"), theoretically allowing them to begin 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 honestly unable to pay off their debts. Because bankruptcy is not without negative consequences (such as a heavily damaged credit rating for many years afterward), it should be viewed as an option of last resort.

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

Types of Bankruptcy in Gainesville, Florida

In Gainesville, Florida, 3 types of bankruptcy procedures are in common use: Chapter 7, Chapter 11, and Chapter 13. Being governed by federal law, the procedures involved in filing for bankruptcy in Gainesville, Florida will be roughly the same as everywhere else in America. Chapter 7 bankruptcy involves liquidation of many of the debtor's assets in order to pay off as much of the debt as possible. This sounds harsh, but there is an upside: once the liquidation is complete, the debts are legally viewed as having been paid in full, whether or not the full amount was covered by the liquidation. Liquidation involves selling some personal property, and using the funds to pay off debt. Varied types of property are exempt from liqudiation, and therefore may not need to be sold. They include homes, cars, and insurance policies, among others. You should know that some types of debt cannot be discharged in Chapter 7 bankruptcy, including taxes, student loans, and child support.

The other frequent bankruptcy scheme used by consumers in Gainesville is Chapter 13 bankruptcy. In this system, debt is not discharged. Instead, it is restructured. This allows the debtor to have the terms of the contracts that gave rise to their debts in the first place thrown out, and replaced with new terms that call for a structured repayment plan, designed to allow the debtor to survive on whatever income they have, and allowing the creditors to get paid back eventually. Once a payment plan is authorized, creditors are not allowed to attempt to collect payment under the original agreements. Chapter 11 bankruptcy is usually used by businesses, though it can be used by individuals (which is quite rare). Chapter 11 bankruptcy requires that the debtor come up with a reorganization plan - basically telling the court how they propose to cut costs, streamline their operations, and pay their debts. This plan must be authorized by the participating creditors through a simple majority vote.

One advantage of Chapter 11 bankruptcy is that it allows a business going through it to continue operating, and to trade its stock.

How Can a Gainesville Bankruptcy Lawyer Help?

One should not make the decision to file for bankruptcy in Gainesville easily. Before making any such decision, it would be highly advisable to contact an accomplished Gainesville bankruptcy attorney.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Gainesville

Gainesville, Florida is the largest city in, and the county seat of, Alachua County, Florida. Its population is approximately 125,000 people.

Human habitation of the area that now includes Gainesville, Florida dates back at least 12,000 years. One of the ancient structures left behind by these people is colloquially known as the "Law School Mound." It is a burial mound that sits on the University of Florida Law School's campus, and it is estimated to be over 1,000 years old.

Many Gainesville, Florida attorneys studied law at this university. These lawyers are drawn to Gainesville because of its low cost of living, and business-friendly culture. Gainesville is also known for its promotion of solar energy, which allows private property owners with solar panels on their land to supply excess electricity back into the local power grid, helping people recoup the cost of investing in solar panels, making this environmentally-friendly practice more attractive.

If you live in Gainesville, Florida and are in need of legal advice, chances are good that a local Gainesville, Florida attorney can help.

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