Solomita Law, PLLC
Solomita Law, PLLC
  • 12001 Research Parkway
    Suite 236
    Orlando, FL 32826
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Planning Your Bankruptcy With An Experienced Attorney

Planning Your Bankruptcy With An Experienced AttorneyIn this article, you can discover:

  • Tips for dealing with unsecured creditors
  • Converting the bankruptcy chapter you are filing under.
  • How an attorney for bankruptcy can help you.

How Do Unsecured Creditors Behave During A Chapter 7 Case?

Different creditors have different policies when it comes to debtors filing for bankruptcy. In most cases, you will not hear from your credit card company after you file for bankruptcy. They will usually remove you from their records and let bankruptcy proceedings take their course.

However, there are some instances where a creditor may come after a debtor for fraudulent charges made within 90 days of filing for bankruptcy. This is relatively rare, but it is something to be aware of.

Would A Chapter 7 Bankruptcy Ever Be Converted To A Chapter 13?

There are a few reasons someone might choose to convert their bankruptcy case from Chapter 7 to Chapter 13. One reason could be that they initially filed for Chapter 7 but then realized they couldn’t pay their mortgage, so they converted to save their house.

Another common reason is that at the creditor’s meeting, the trustee told them they needed to pay back a certain amount of money for an asset (like a car) over time. Potentially, there wasn’t enough time to do that – so the person decided to convert to Chapter 13 to spread out the payments over a longer period of time.

The court may occasionally order you to convert your case to a Chapter 13 bankruptcy proceeding when there is a discrepancy between the income listed on the petition and what the court considers to be the debtor’s true income. This is not common, but can occur when the debtor is trying to qualify for Chapter 7 bankruptcy relief.

How Is A Debtor Notified That His Discharge Has Been Granted?

The process of filing for bankruptcy can be daunting, but once it is complete, you will receive a discharge document. This document states that your bankruptcy case is closed and that you are no longer responsible for any debts included in the bankruptcy. Although it is a simple document, receiving it marks the end of a long and challenging process.

What Is The Role Of The Attorney For A Consumer Debtor In A Chapter 7 Bankruptcy?

A bankruptcy attorney’s job is twofold. First, they act as a counselor, listening to a debtor’s issues and helping them devise a plan to file for bankruptcy. Once they have filed, it is their job to ensure all necessary documentation is in order and submitted to trustees. In some cases, they may also need to file different motions, such as when judgment liens need to be removed. So, they need to be able to pay attention to detail and have a specific plan for each situation.

With the guidance of a skilled attorney for Bankruptcy Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Bankruptcy Law in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.

Alec Solomita, Esq.

Call For A Consultation
(407) 305-5599

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