Consumer Bankruptcy Lawyers in Miami, Florida

Find the right Consumer Bankruptcy attorney in Miami, FL

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 creation of federal law, bankruptcy will go through federal courts. Accordingly, the process for filing for bankruptcy in Florida is essentially the same as the process anywhere else in the United States. However, particular courts in Miami, Florida will have distinct rules for exemptions, so you should speak with a local attorney before filing.

Chapter 7 Bankruptcy in Miami, Florida

In Miami, Florida, there are 2 commonly-used types of consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidation of some of the debtor's assets. It requires some percentage of the debtor's property to be sold in order to pay off as much of his or her debt as possible. However, the majority of property that most people own is exempt. This typically includes homes, vehicles, insurance policies, and retirement accounts. These do not have to be sold.

Once the appropriate property is sold, and the funds transferred to the creditors, the dischargeable debt is absolved. Some forms of debt, however, can't be excused in Chapter 7 Bankruptcy in Miami, Florida. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be excused, Chapter 7 may not be the best choice for you.

Chapter 13 Bankruptcy in Miami, Florida

Chapter 13 Bankruptcy in Miami, Florida differs considerably from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your case. Chapter 13 bankruptcy does not discharge debt. Instead, it restructures it. This involves the bankruptcy court coming up with a new payment plan that supersedes the terms of the arrangements that gave rise to the debt in the first place. This results in an adjusted payment plan that the debtor should find manageable, if he or she can make a few sacrifices.

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

Whether Chapter 7 or Chapter 13 is the right choice for you depends heavily on your distinct situation. If you have a stable income stream, and a lot of non-exempt property, Chapter 13 might be right for you. If you don't have a stable income, and most of your property is exempt, Chapter 7 might be a better way to go.

In any case, it would be a good idea to consult a local bankruptcy lawyer in Miami, Florida. Your lawyer can make an educated judgment as to what your best option is, and advise you accordingly (of course, the choice to file for bankruptcy is ultimately yours).

Talk to a Bankruptcy & Finances Law Attorney now!

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.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Ian M.
Ian M.

Bankruptcy, Banking & Credit

Richboro, PA

Eddy H.
Eddy H.

Bankruptcy, Banking & Credit

San Mateo, CA

Howard B.
Howard B.

Bankruptcy, Banking & Credit

Rye Brook, NY