Miami Fort Myers Hialeah
BANKRUPTCY QUESTIONS?

Debtor Frequently Asked Questions

  • If I fall behind, can I make an arrangement with my mortgage company to catch up without filing for bankruptcy?
  • My house is in forclosure. I have received letters in the mail from people who offer to help me, telling me that I can save my house, and therefore avoid filing bankruptcy. This sounds to good to be true. Is it?
  • I lost my job. Is it still possible to file Chapter 13 bankruptcy to save my house?
  • By filing for bankruptcy, am I ruining my credit?
  • How did this happen?
  • I owe more than I can pay, what can I do?
  • What is the biggest advantage of filing for bankruptcy?
  • I just got sued on debts I haven't been able to pay, and I can't afford to defend the lawsuit(s), what can I do?
  • I'm behind on my mortgage payments, and my house is about to be foreclosed by my mortgage lender, what can I do?
  • What does discharge of debt mean?
  • If I fall behind, can I make an arrangement with my mortgage company to catch up without filing for bankruptcy?
    Yes, however, you should be aware that the mortgage company will still be moving forward with the forclosure at the same time. However, usually the mortgage companies insist on half down and the rest to be paid within six months, while keeping current on your regular mortgage payments. This is usually too much for most people to pay. Bankruptcy gives you up to five years to catch up.

    My house is in forclosure. I have received letters in the mail from people who offer to help me, telling me that I can save my house, and therefore avoid filing bankruptcy. This sounds to good to be true. Is it?
    Most often, yes. These are people who are trying to take advantage of your difficulties by buying your house for less than market value. Do yourself a favor, speak to an experienced and knowledgeable bankruptcy attorney that can give you the appropriate advice so that you will be able to decide which is your best option.

    I lost my job. Is it still possible to file Chapter 13 bankruptcy to save my house?
    Yes. A Chapter 13 Bankruptcy requires regular monthly payments, however these funds may come from any source, including friends and/or family members who may be willing to assist you.

    By filing for bankruptcy, am I ruining my credit?
    Probably not. Most likely your credit has already been damaged. By filing bankruptcy you will actually be able to begin to rebuild your credit. It totally depends on what you do after filing for bankruptcy. If you file a Chapter 7, make all remaining payments on time. If you file a Chapter 13 plan, creditors (especially if you are considering refinancing) look at whether you make the bankruptcy payments on time.

    How did this happen?
    Often, it begins with an unexpected misfortune. It might have been loss of a job, a divorce, a medical problem, or simply runaway credit card interest. The loss of income for even a short time can suddenly create a snowball effect. Even the most financially responsible individuals can find themselves in a situation in which they are unable to dig themselves out. If you are living with these problems and don't know what to do, you've come to the right place. We can and want to help you put your financial situation back on track.

    I owe more than I can pay, what can I do?
    Filing bankruptcy may be the best choice for you, because in bankruptcy, you can seek to discharge (forever make unenforceable against you personally) credit card debts, medical debts, many kinds of contract debts, and tort debts for negligence. Call Freire & Gonzalez at 305-826-1774 , for a free first consultation, and ask our attorneys whether bankruptcy is the right way to deal with your financial problems.

    What is the biggest advantage of filing for bankruptcy?
    By filing bankruptcy, you may be able to discharge credit card debt, medical debts, many kinds of contract debts, personal guarantees, some kinds of tort debt (negligent torts, not intentional torts) and even some taxes.

    I just got sued on debts I haven't been able to pay, and I can't afford to defend the lawsuit(s), what can I do?
    Filing bankruptcy may be the best choice for you. Call Freire & Gonzalez, for a free first consultation, and ask our attorneys whether bankruptcy is the right solution to deal with your financial problems. Filing bankruptcy will give you the protection of the bankruptcy automatic stay, which stays (stops) law suits to collect pre-petition debts from proceeding to judgment.

    I'm behind on my mortgage payments, and my house is about to be foreclosed by my mortgage lender, what can I do?
    Filing bankruptcy may be the best choice for you, and may save your house from being sold at a foreclosure sale by your mortgage lender. Call Freire & Gonzalez, at 305-826-1774 immediately, for a free first consultation, because if the foreclosure sale is held before you file bankruptcy, it will be too late to save your house.

    What does discharge of debt mean?
    Discharge of debt means that the person or business you owe the debt to can never collect that debt from you personally. Where a debt is discharged in bankruptcy, the creditor you owed that debt to is enjoined (prohibited) by the bankruptcy discharge from thereafter calling you, writing you, suing you, or taking any other step to collect the discharged debt from you.


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