Oftentimes, individuals and businesses experiencing financial distress try to find various ways in which they can help relieve themselves of serious debt and move forward to a brighter future.
At Buchalter & Pelphrey, our Brevard County Chapter 7 bankruptcy lawyer can provide various services designed to help you get through this difficult situation, including guidance through the filing process.
What is Chapter 7?
Chapter 7 is often referred to as 'Fresh Start' bankruptcy because it involves discharging most, if not all, of your debts (so long as you pass the means test).
Why Choose Buchalter & Pelphrey Attorneys At Law?
- Handling bankruptcy cases for 50+ years
- Solutions that are proven to lead to debt relief
- Thousands of bankruptcy clients represented
- Passionately protecting clients from the IRS
Who Can Declare Chapter 7 Bankruptcy?
Not everyone can file for Chapter 7. When filling, the “means test” will show if your income allows you to qualify. If your monthly income is equal to, or below Florida’s median income, you may file. If your income exceeds it, you must qualify for the next part of the test, which involves your disposable income.
If your disposable income is enough to repay your debts, you must have a certain amount of income leftover as well, otherwise, the bankruptcy court may dismiss your filing. In this circumstance, Chapter 13 bankruptcy might be a better option.
Chapter 7 vs Chapter 13
- Chapter 7 bankruptcy focuses on your current assets at the time of filing and eliminates all or most of your debt.
- Chapter 13 bankruptcy also discharges most of your unsecured debts but also allows you to create a repayment plan for secured debts like your home or car.
Chapter 7 Eligibility
To file for Chapter 7 bankruptcy, you must be sure that:
- Your income is not too high
- You can repay some debt
- You have not already had debt discharged from a previous bankruptcy
- You do not have a previous bankruptcy case that was dismissed 180 days ago
- You completed credit counseling 180 days before filing
- You did not defraud creditors
For more guidance, reach out to a Brevard County Chapter 7 lawyer at Buchalter & Pelphrey Attorneys At Law. Our team is backed by more than 50 years of collective experience and ready to help you find the solution you need to relieve your financial struggles.
How to File Chapter 7 Bankruptcy
Once your eligibility has been confirmed, you may begin the filing process.
Below is an overview:
- Our bankruptcy lawyer can help you file the bankruptcy petition
- An "automatic stay" will be triggered which means that creditors will not be able to contact you, foreclosure will be halted, and repossessions stopped
- Five days before the meeting of creditors (341 hearing) provide supporting paperwork to the trustee that proves statements you made in the bankruptcy petition
- Attend the 341 hearing
- Complete a financial management course
- The bankruptcy court will grant a discharge of your debt and the automatic stay will end
For more guidance on how to file Chapter 7 bankruptcy, reach out to our Chapter 7 bankruptcy attorney on Merritt Island!
Benefits of Chapter 7 Bankruptcy Include, but Are Not Limited To:
- Stop foreclosure sales
- Stop wage and bank garnishments
- Discharge most judgments
- Stop repossessions / evictions
- Eliminate certain back taxes
It is important to understand that while a Chapter 7 bankruptcy erases most, if not all, of your debt, there are instances where some of your assets may not be protected.
Our team takes the time to give you a complete understanding of which assets may or may not be protected when filing a bankruptcy. This is just one of the reasons that hiring a qualified attorney, such as ours at Buchalter & Pelphrey, is extremely important.
Why Choose Buchalter & Pelphrey?
Our team is committed to providing you with the most compassionate representation possible from start to finish. We know how difficult this situation can be and we work hard to find the perfect solution based on your individual needs.
When you meet with our team, we will look at your financial situation and determine if Chapter 7 bankruptcy is right for you. If it is, we will walk you through the process, making sure that you have provided the correct and accurate information on your petition.
When it comes to helping our clients live a debt-free life, we are determined to find the best possible solution. With 50+ years of combined experience, we’ve handled thousands of cases throughout Brevard County, Titusville, Cocoa, Cocoa Beach, Melbourne, Palm Bay, and beyond. At Buchalter & Pelphrey, we are proud to serve the State Of Florida. We fully understand the process and will be by your side throughout every single aspect.
“Saved my son.” - Happy Client
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