Helping Individuals Put an End to Creditor Harassment Since 1980
At Buchalter & Pelphrey Attorneys At Law, we put your best interests first. We have seen our clients through some of life’s most challenging moments, and we make sure to do so with compassion and with straightforward advice, at the same time. We have handled thousands of bankruptcy cases and we hope this gives you peace of mind that your case is in very capable, skilled hands.
Bankruptcy cases are quite complex to navigate, and our Cocoa Beach bankruptcy attorneys are skilled, tenacious, and knowledgeable in their field with helping individuals like you through financial hardships. Whether you want to file for bankruptcy, avoid foreclosure, or deal with the IRS in tax-related matters, we will focus on your best interests first.
With Buchalter & Pelphrey, You Can Expect:
- Caring legal support, no matter the size or scope of your case
- Direct attention and honest counsel from your attorney
- Individualized solutions that take your unique needs into consideration
50+ Years of Combined Experience in Bankruptcy Law
Our Cocoa Beach bankruptcy attorneys are skilled, tenacious, and knowledgeable in their field and have a long history of helping individuals like you through financial hardships. Bankruptcy cases can be quite complex to navigate, but with our team on your side, you can feel confident that your case will be handled with the utmost care and attention to detail.
Our attorneys have handled thousands of bankruptcy cases, so you can have peace of mind that your case is in very capable hands.
Call Our Bankruptcy Attorneys Today for Assistance With:
- Filing for bankruptcy under Chapter 7, 11, or 13
- Protection of your rights after a repossession
- Action against creditor harassment
- Bankruptcy alternatives, including credit counseling and negotiation or debt settlement
- Asset protection in bankruptcy cases
What Happens When You File For Bankruptcy?
When you file for bankruptcy in Florida, it initiates a legal process that helps individuals or businesses eliminate or repay their debts under the supervision of the bankruptcy court.
Here's an overview of what happens when you file for bankruptcy:
- Automatic stay: This goes into effect immediately after you file, protecting you from most creditors, collection actions, foreclosure proceedings, and wage garnishments.
- 341 Meeting of creditors: You will be required to attend this meeting. The bankruptcy trustee will review the case and ask you questions about your financial situation under oath. In Chapter 7, this is typically the only court appearance required.
- Debt discharge or repayment plan: In Chapter 7, eligible debts may be discharged, meaning you're no longer obligated to repay them. In Chapter 13, you'll adhere to the court-approved repayment plan, making regular payments to the bankruptcy trustee who distributes them to your creditors.
- Financial management education: You'll complete a mandatory financial management course, which provides valuable education on budgeting and managing finances so that you have the tools to improve your credit after bankruptcy.
What Are The Advantages Of Bankruptcy?
Bankruptcy can offer significant advantages for individuals and businesses facing overwhelming debt in Florida. By taking advantage of the bankruptcy laws in the state, you can find relief from financial burdens and regain control of your financial future.
Below are some of the advantages of bankruptcy:
- Debt relief: Bankruptcy provides a fresh start by eliminating or reducing your debts, offering you a path toward financial freedom.
- Automatic stay: Upon filing for bankruptcy, an automatic stay immediately goes into effect, stopping creditor harassment, wage garnishment, foreclosure, and other collection activities immediately.
- Asset protection: Depending on the bankruptcy chapter, you may be able to protect certain assets from being liquidated to repay creditors.
- Repayment plans: Chapter 13 bankruptcy allows you to create a manageable repayment plan, giving you the opportunity to catch up on missed mortgage or car loan payments and avoid foreclosure or repossession.
- Rebuilding credit: Although bankruptcy may impact your credit score at first, it provides an opportunity for a fresh start. By demonstrating responsible financial behavior, you can rebuild your credit over time.
What Can You Not Do After Filing Bankruptcies?
Filing for bankruptcy offers people a fresh start and an opportunity to regain control of their finances. However, it's important to understand that bankruptcy also comes with responsibilities and limitations.
After filing for bankruptcy, there are several actions and restrictions that individuals need to be aware of to comply with the bankruptcy laws. These limitations are in place to ensure the integrity of the bankruptcy process and the fair treatment of creditors.
Here are some things you generally cannot do after filing for bankruptcy:
- Incur new debts: Taking on new debts without the court's permission may not be allowed during bankruptcy. The priority is to focus on rebuilding your financial health instead of accumulating more debt.
- Hide assets: Bankruptcy requires full disclosure of your assets. Concealing or transferring assets to avoid including them in the bankruptcy estate is prohibited.
- Discharge certain debts: Not all debts can be discharged in bankruptcy, such as child support, alimony, most tax debts, and student loans (in most cases). These obligations will generally remain after bankruptcy.
- Discharge recent debts: If you incur new debts shortly before filing bankruptcy, those debts may not be discharged, especially if there is evidence of fraud or misrepresentation.
- Ignore bankruptcy court orders: Once you file for bankruptcy, you must comply with court orders and attend all required hearings. Failure to do so can have serious consequences.
- Reapply for bankruptcy immediately: There are time limits between bankruptcy filings. If you recently received a bankruptcy discharge, you may need to wait before filing for that type of bankruptcy again.
It's important to consult with a Cocoa Beach bankruptcy attorney at Buchalter & Pelphrey to fully understand the restrictions and obligations that apply to your situation. We can provide guidance and ensure you comply with all legal requirements throughout the bankruptcy process.
Call Our Bankruptcy Attorneys in Cocoa Beach, FL
If you're considering filing for bankruptcy, our experienced Cocoa Beach bankruptcy lawyers at Buchalter & Pelphrey are here to help. We offer a free consultation to evaluate your situation, provide personalized advice, and guide you through the bankruptcy process. With thousands of cases handled and over 50 years of shared experience, we pride ourselves on delivering high-quality representation and achieving positive results for our clients throughout Florida.
Contact Buchalter & Pelphrey to schedule a free consultation with a bankruptcy attorney in Cocoa Beach and take the first step toward a bright financial future. Complete a form or dial (321) 320-6088.
Foreclosure Defense in Cocoa Beach
Buchalter & Pelphrey provides committed legal counsel for individuals and families who are at risk of losing their homes. Our Cocoa Beach foreclosure attorneys have extensive experience with a wide range of debt relief solutions and are prepared to help you resolve your case as favorably as possible.
If you are facing a foreclosure action, don’t delay in giving our Cocoa Beach foreclosure lawyers a call to learn more about your options, which may include debt consolidation, mortgage modification, short sale, deficiency resolution, or deed in lieu of foreclosure.
Falling behind on loan payments can quickly put an individual at risk of serious financial difficulties. Loan modification can be the right solution in many cases. Modifying the terms of your loan can help lower monthly payments, extend terms, or lower your interest rate so that repaying your loan is more affordable.
Our Cocoa Beach attorneys will work with you and your loan company to come up with a resolution that works best for your current and future needs.
IRS & Tax Law
Tax problems have the potential to cause significant financial distress, which is why you need strong legal representation if you have been contacted by the IRS. Our Cocoa Beach tax lawyers have expansive knowledge of the various regulations and laws surrounding IRS actions.
Buchalter & Pelphrey Is Ready to Assist You With:
- IRS audit defense
- Liens, levies, and wage garnishments
- Installment agreements
- Offer in Compromise
- Tax appeals
- Discharging past-due income taxes through bankruptcy
By retaining our firm, our tax attorneys in Cocoa Beach can help you protect your best interests and relieve the debt you owe, whether that involves negotiating a monthly payment schedule, resolving a tax dispute, filing for bankruptcy, or another method.
From beginning to end, you can rely upon Buchalter & Pelphrey Attorneys At Law to put your priorities at the forefront. We will always keep you informed regarding the particulars of your case so you know what’s happening in real time. This level of representation is designed to make you feel included so you don’t feel left out in the lurch or vulnerable in what is undoubtedly quite a nerve-racking time.
When you need trusted legal counsel, turn to our team without delay. The sooner you retain a bankruptcy law firm in Cocoa Beach, the better the odds you’ll get a more favorable outcome for your case and the more options you are likely to have when so much is at stake.