South Florida Personal Bankruptcy Attorneys
Chapter 7 or Chapter 13—Which is right for you?
We are experienced and well-regarded personal bankruptcy attorneys in south Florida, and we are clear with clients on this point: Chapters 7 and 13 are two distinct yet effective approaches to managing debt.
As Chapter 13 bankruptcy attorneys, our firm counsels clients who are able to repay a percentage of debts over a period of time, typically three to five years. One of our qualified personal bankruptcy attorney in Florida, for example, will recommend client use of this reorganization tool to:
- Stop a foreclosure
- Catch up on mortgage and tax debts
- Renegotiate terms on consumer debts and car loans
Given the depressed housing and jobs market, this is an important and powerful tool.
A Chapter 7 bankruptcy proceeding differs by acknowledging an inability to cover existing debts in the future. Throughout Florida—including West Palm Beach, Vero Beach, Boynton Beach, and Jupiter—Chapter 7 bankruptcy attorneys use this law most frequently. It is a path to freedom from debts and associated anxiety while allowing clients to retain exempt personal property (exemptions include a primary residence, personal belongings, motor vehicles, and retirement savings).
Because of the differences and nuances of these chapters, your selection of a south Florida consumer bankruptcy attorney is a critical decision. In both Chapter 7 and Chapter 13 proceedings, creditors may object to certain exemptions or terms—placing responsibility to make a compelling argument on the consumer bankruptcy attorney. In West Palm Beach, Miami, St. Petersburg, Pensacola, and Jacksonville, bankruptcy law allows for negotiated settlements.
By the same token, a south Florida personal bankruptcy attorney needs to be honest with what can and cannot be cleared through either a Chapter 7 or Chapter 13 filing. The following are not eligible for debt discharge:
- Alimony or spousal support payments
- Child support
- Student loans
- Tax debts
Personal Bankruptcy Florida
The economic conditions of recent years have led to an unprecedented home foreclosure crisis. Coupled with a deep recession, individuals and families in West Palm Beach and surrounding cities have endured some of the worst effects.
Florida Personal bankruptcy attorneys and support staff at Kelley & Fulton, P.L. have clients’ best interests in mind. We work on your behalf to wrest control of your circumstances: manage what debts and expenses you can, dispense debts that cannot be repaid, cease foreclosure proceedings and, where applicable, set up a payment plan that will ultimately pay off certain debts.
In contrast to the common and unfavorable image of “bankruptcy,” Chapter 7 and Chapter 13 filings are often the most responsible action a client can take.
Contact us to discuss your consumer bankruptcy options with a qualified personal bankruptcy attorney.