Chapter 7 bankruptcy is known as a liquidation form of bankruptcy, and is designed for those people with little disposable income and few assets. It is designed to give the debtor relief from debt through a legal process, with many people repaying little to no debt. A typical case lasts about four to five months, unless there are asset issues. To qualify, a person must make less the median income for a household of his size in his state. There are a variety of different factors that are to be considered when determining whether a person qualifies for a Chapter 7 bankruptcy after the law changed in 2005, and it can be disastrous if the qualification is done without an attorney.
Chapter 13 bankruptcy is a repayment plan form of bankruptcy. It is designed for the wage-earner, someone who is presumed by the courts to have disposable income. It can also help relieve the burden of IRS debt or can help save a home that is in foreclosure, by repaying the debt over the course of three to five years. With other types of debts, such as credit cards, the debtor repays a portion of the debt in the repayment plan, a percentage that is different for every person and can be difficult to determine without the aid of an attorney who is familiar with the intricacies of the law.
Our bankruptcy attorneys are well-versed in the technical law that is the U.S. Bankruptcy Code. You will be guided every step of the way through a very confusing and stressful process.
Foreclosure Defense: The current economy coupled with the prior downturn in the housing market has caused many homeowners to fall behind on their mortgages or become substantially underwater on their homes. The mortgage and the note that gave the homeowner the ability to purchase a home through traditional forms of financing provide the banks the ability to foreclose the buyer’s interest in the home if he ceases making his mortgage payments. Fortunately, Florida is a state with judicial foreclosure, meaning that the homeowner has notice of the foreclosure action and some time to attempt to modify the loan, reinstate the loan, or even file bankruptcy to remain in the home.
HOA Foreclosure Defense: Most people are familiar with bank foreclosures. However, less commonly known but just as prevalent in Florida courts is the Homeowner or Condominium Association foreclosure. When such an association is present in a homeowner’s community, the bylaws grant the association the ability to foreclose on a home for failure to pay dues or other assessments as they are made. It is all too common for a Florida homeowner to be foreclosed upon by the association for only a few hundred or thousand dollars in dues owed.
The foreclosure defense team at The DeVries Law Firm, P.A., is familiar with the foreclosure process in Florida, and you will be presented with every different option available to you in your case so that you may be able to keep your home.
Debt Defense: Very often, when people face hardship, they rely on credit cards to help make ends meet. Unfortunately, the ease and convenience of those cards usually comes with a high interest rate, upwards of twenty-one percent, and during times of financial struggle, it is increasingly difficult to repay the entire balance every month to avoid interest charges, or on time to avoid late charges. This causes people’s debt to become out of control, and many times the credit card company files a lawsuit against the person who has failed to repay the card according to its terms.
An experienced lawyer can help negotiate a payment plan for you to repay the debt, often at a lower interest rate, or can help negotiate a lower lump sum payment to satisfy the debt in full. Whether your debt is $500 or $50,000, the attorneys at The DeVries Law Firm, P.A., are here to help
Debt Harassment: When you owe money on a credit card and fall behind, the credit card company or its debt collector has a number of legal options available to it to collect on the debt. Many creditors do follow the law; however Congress and the State of Florida recognize that some simply do not. Therefore, Congress enacted the Fair Debt Collection Practices Act and the Florida Legislature enacted the Florida Consumer Collection Practices Act to combat some of the less savory collection methods, such as threatening letter, repeated harassing phone calls, and the like.
The attorneys at The DeVries Law Firm, P.A. recognize how stressful debt collection can be, and are familiar with the processes needed to fight against these illegal collection methods. We can guide you through the process of determining whether you have a case under either the FDCPA or the FCCPA, and will work with you throughout your case to make sure the creditor fights fairly and you have your day in court.
Eviction: There may come a time in your life when you experience an emergency that prevents you from paying all of your bills on time, including your rent, just as a person buying a home may have trouble paying his mortgage at times. Florida law presents tenants with limited rights to fight eviction; the law swings in favor of the landlord in many cases, as long as he follows the law.
When you are served with a three-day notice for eviction, contact an experienced landlord-tenant attorney immediately to determine your rights. The team at The DeVries Law Firm, P.A., recognizes that there may be several different reasons to fight the eviction, and we are well-versed in resolving these cases amicably within a short period of time, often keeping you in your home and your landlord happy.