Find a Bankruptcy Lawyer in Miami, Florida

Find the right Bankruptcy attorney in Miami, FL

In Miami, 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 heavily 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 veteran bankruptcy lawyer in Miami, 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 distinct case, the counsel of a Miami bankruptcy attorney cannot be replaced.

Types of Bankruptcy in Miami, Florida

There are 3 bankruptcy tactics that are largely used in Miami: Chapter 7, Chapter 13, and Chapter 11 bankruptcy. Bankruptcy is governed by federal law, so the procedures in Miami, 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 funds 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 directed 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.

The other form of bankruptcy most frequently used in Miami is Chapter 13. It allows a person to pay off their debt over an extended 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 slowly 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 always 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, fix their operations, and pay down their debts. The plan has to be approved by a majority vote of participating creditors.

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 Miami Bankruptcy Lawyer Help?

The need to examine all the options and consider the costs and benefits of applying for bankruptcy in Miami cannot be overstated. If you are considering filing for bankruptcy, it would be a good idea to speak with a Miami bankruptcy attorney beforehand.

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Life in Miami

Miami is the seat of Miami-Dade County and the city with the 9th largest population in the entire United States with over 2.5 million Florida residents. In addition to the massive population, Miami is one of the most popular tourist destinations. It's the United States' 5th richest city and was voted "America's Cleanest City" by Forbes Magazine. The Port of Miami is the number one cruise passenger port on the globe earning Miami the title of "Cruise Capital of the World." Miami does not disappoint with attractions. The Adrienne Arsht Center for the Performing Arts ranks just behind New York's Lincoln Center for the largest performing arts center in the entire United States and hosts world renown operas, ballets, concerts, musicals, and plays.

You shouldn't be surprised to find that the City of Miami attracts so many performance artists like musicians, singers, actors, and dancers. You may also know Miami for it's notoriety as a modeling capital with world renown agencies and events like Mercedes-Benz Fashion Week Miami, an annual event. The Art Basel Miami Beach is an annual art exhibition of contemporary pieces that's known worldwide as "the Olympics of Art" for its size and diverse attendance.

Miami is a city that thrives off f business from tourists. The Cuban immigrants introduced conga, Dominicans brought meringue, Brazilians come with samba, and the Caribbean reggae have blended into a diverse and exciting music scene. The front line of cutting edge music can be heard by famous DJs like DJ Khaled, DJ Laz, and Pitbull. Miami clubs are famous in tv and film.

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