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Helping Consumers and Small Businesses Solve Financial Problems Since 1997.
The Attorneys at the Hegalaw bankruptcy experience goes back to 1997. Our attorneys have successfully handled Bankruptcy since 1997. And we have successfully represented thousands of Consumers over the years. Let us help you get a fresh start today.
Bankruptcy is a legal solution where people that are burdened with a substantial amount of debt can get a fresh financial start. A bankruptcy is filed in federal court, in the U.S. District Court in your region, and it is a helpful tool that has been around for centuries to help individuals with their financial burdens.
The Hegalaw can help you navigate through the bankruptcy process, and when at your initial consultation we will go over your financial situation with you and determine if bankruptcy is the right option for you. Once you have decided to file, our bankruptcy attorney will meet with you to go over the entire process, have you sign the proper paperwork, and file your bankruptcy for you.
Once your bankruptcy is filed, an Automatic Stay of Protection goes into place, preventing all creditors from attempting to collect any debt from you, including prohibiting them from calling you on the phone to request payment. If they persist, the Court can find them in contempt of court and they can be severely fined.
There is no minimum amount of debt to file a Chapter 7 or Chapter 13 bankruptcy, and for a Chapter 7 bankruptcy, there is no maximum amount of debt. For a Chapter 13 bankruptcy, your unsecured debt must be less than $394,725 and your secured debt less than $1,184,200 as described in 11 U.S.C. § 109(e).
You must have some type of income from a legitimate source (but it doesn’t have to be from employment). For example, you can have income from wages, self-employment, Social Security, pension or retirement, state assistance, child support and alimony, etc.
No income is required to file a Chapter 7 bankruptcy.
The maximum income is based on your family size. For example, a family size of 1, the maximum income is approximately $46,677. However, if your income exceeds the maximum income, you may still be able to file a Chapter 7 bankruptcy if you have special circumstances that justify additional expenses or adjustments to your current monthly income.
There are many different reasons for needing to file a bankruptcy. While each filing may be for a different reason, there is a similar theme that comes with any bankruptcy filing. The individual is struggling under the burden of debt. The debt is not allowing them to do what they want to do or what they need to do to move forward in their life. If you are considering filing a Chapter 7 or Chapter 13 bankruptcy then the below information can be helpful when preparing for the bankruptcy. These are the documents needed when filing a bankruptcy.
Almost always one filing a Chapter 7 bankruptcy petition will be required to pay their attorney fees up front. The Hegalaw offers an alternative to clients who cannot afford to pay all their attorney fees in one large payment. The Hegalaw offers a third party guarantor monthly payment plan. Time is sensitive when filing your bankruptcy and this plan gives you options. Whether because of levies or garnishments there is now no need to wait to file your bankruptcy. Most plans start under $150 per month.
There is also an option to not pay your fees up front in a Chapter 13. In a Chapter 13 debt reorganization plan your attorney fees can be included right out of your Chapter 13 monthly payment.
Our team of attorneys have the experience and knowledge in Bankruptcy Law cases to help you get your case resolved quickly.
Mr. Jason S Hegedus, is a very experienced and successful lawyer who is licensed to practice in the states of Florida, Michigan and Georgia.
Mr. Hegedus has over 20 years experience practicing law and has handled bankruptcy matters since 1997. Mr. Hegedus used to represent creditors in bankruptcy but now represents consumers. Mr. Hegedus has the unique advantage of knowing how the creditors asses bankruptcy cases and value their cases.
Brooks Siegel obtained both a Bachelors and LLM from Arizona State University and the Sandra Day O’Connor College of Law.
He is licensed to practice law in 9 states across the country. His experience in Bankruptcy goes back to 2010 where he has helped clients get through the complexities of Bankruptcy from start to finish.
Hegalaw defines common terms found in Bankruptcy Cases.
To understand bankruptcy, you need to understand the terminology that is commonly used in its context. Many people are unsure about the bankruptcy process and its details. Here is a list of words you may encounter when dealing with Chapter 7 or 13 bankruptcies in Florida.
When complaint is filed with the bankruptcy court, an adversary proceeding will be held. An adversary proceeding often involves complaints about liens.
Assets are anything and everything that have financial value. This includes vehicles, homes, artwork, jewelry, business goodwill and stock options. Anything that is owned by someone filing for bankruptcy can be considered an asset.
This is an injunction that prohibits collection actions. This allows the debtor to retain their property during the bankruptcy filing. An automatic stay goes into effect once a bankruptcy petition is filed.
Bankruptcy is when a person or a business cannot pay their debts. Filing for bankruptcy allows a debtor to remove their substantial debts by paying down a fraction of the amount that is due.
Bankruptcy falls under the purview of federal law. All proceedings must adhere to Title 11 of the United States Code. Some states have special laws they practice but for the most part, the rules and regulations of bankruptcy are the same across the country.
Bankruptcy cases require federal United States district court judicial officers to oversee the proceedings.
This is when someone formally requests the protection of federal bankruptcy laws.
An individual or corporation who is appointed to speak for creditors and the bankruptcy estate.
This is when someone in debt has their assets liquidated to pay off creditors.
When a corporation needs time to reorganize their debts before making payments, they may file for Chapter 11 bankruptcy.
Chapter 13 exists for individuals to repay some of their debts over a period of time as decided by a judge.
Claims are made by creditors to show what they are owed.
All property subject to a lien.
This is a document that states what a creditor believes they are owed by the debtor.
A conversion is when someone who has filed one form of bankruptcy decides to change to another. For example, you can file for Chapter 7 and then change your mind to a chapter 13 filing.
This is who is owed money by the debtor.
This is whoever filed for bankruptcy protection that cannot pay off their debts.
When debt is removed so that the debtor does not have to make further payments, the debt has been discharged. Once discharged, creditors cannot pursue payment. Some debts like tax payments and child support cannot be discharged.
This is what a debtor creates for the creditor to review.
A bankruptcy case can be dismissed at any time which means that all debts are due just as they were before the filing.
The value that is left of the debtor’s property after creditors are paid and liens are enforced is considered the debtor’s equity.
Exemptions are what is protected from the creditors. In some cases, a debtor may be able to have their home or vehicle exempt from being taken away from them.
A lien represents what a debtor must pay to cover their debts.
This is an amount of money a creditor may ask for from a debtor.
This is when a debtor’s assets are sold off to pay creditors.
Not all debt can be eliminated in bankruptcy. The debt that remains is called non-dischargeable debt.
A creditor may be awarded a relief of stay that will eliminate the automatic stay and allow the creditor to pursue payments.
When beginning bankruptcy filings you will need to provide a list of assets and liabilities, which is called a schedule.