Filing for bankruptcy under Chapter 7 is one of the most powerful options for heavily indebted borrowers, as it discharges the entire body of their debt at the conclusion of the process. However, in order to raise money to cover the existing debt, your assets are liquidated under Chapter 7 and the proceeds used to pay the lenders. Of course, there are numerous exemptions that protect certain assets, depending on their type and value. However, due to the complexity of the legal framework that governs bankruptcy under Chapter 7, it is often unclear what can be protected and whether Chapter 7 is truly the best option for you to take. Additionally, there are income limitations with filing for Chapter 7. Those with much higher than median household incomes may not qualify for this type of debt relief.
Our role as your bankruptcy attorneys is to help analyze your situation, determine whether Chapter 7 is truly the optimal solution to your problem and, if you choose to file, handle the bankruptcy proceedings. With experienced legal counsel, Chapter 7 bankruptcies are successful in 95 percent of cases.Learn More About Personal Bankruptcy Chapter 7
An alternative to straight bankruptcy, Chapter 13 focuses on reorganization and restructuring. Rather than liquidate assets, pay off lenders, and discharge debt, Chapter 13 bankruptcy requires you to propose a payment plan that will cover the existing debts in part or whole over a commitment period of up to five years. After this 3-5 year plan, the remainder of your debts will be discharged, just like in Chapter 7. Chapter 13 does have debt limits, however, so if your total debt is too high, you will not be allowed to file for Chapter 13 bankruptcy.
As with Chapter 7, our role as your bankruptcy attorney is to help you through the process, including verifying your eligibility, preparing the payment plan, and handling your case before the court.Learn More About Personal Bankruptcy Chapter 13
For heavily indebted business entities, Chapter 7 bankruptcy may be the only option. Filing can be done voluntarily or forced by creditors. Under Chapter 7, a trustee is appointed to examine the business and ensure repayment of the debts. The typical approach is to liquidate assets and distribute the proceeds to the creditors, with priority creditors being paid back first. After the liquidation, the business entity is dissolved.Learn More About Business Bankruptcy Chapter 7
Foreclosures generally happen when the borrower has failed to make at least three payments. Floridian homeowners benefit from the fact that the state of Florida requires lenders to file a lawsuit to foreclose a property, allowing borrowers to challenge them more easily.
The defense against a foreclosure depends entirely on the individual circumstances. As your foreclosure attorney, we will ensure that your case is thoroughly examined to identify how the lender's lawsuit can be challenged and then bring the challenge before the court, to give you a chance to retain your home and rebound.Learn More About Foreclosure Defense
In bankruptcy, mortgage modification remains an option to avoid losing your assets and property. Mediation is a special program available to Florida's residents, allowing you to negotiate with the lender and arrive at a loan modification program that will preserve the mortgage, make your loan current again, and allow you to retain your property.
Available for all bankruptcies and all types of property, mediation is nevertheless challenging and requires approval by the Bankruptcy Court to be binding and enforceable. We are experienced mediators and can help both you and your lender reach a resolution that satisfies both.Learn More About Mortgage Modification Mediation
At The McCue Law Firm, we strive to set ourselves apart from other bankruptcy firms by offering service that is both accessible and personalized. In every case we handle, our goal is to help clients resolve their financial difficulties—whether this means preventing a foreclosure or eliminating debt through Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy. We have found that our desire to help others has enabled us to provide top quality service to those who need it. We are proud to say that we help real people in need. We don't think there is a much better job in our legal system than helping to make sure that system works right for the average American families it was intended to help.
The bankruptcy attorneys at our firm are committed to assisting individuals and small businesses through times of financial difficulty. We have taken this approach because we believe the South Florida community can benefit the most from our knowledge and experience in consumer law.
One of the most valuable assets we bring to any case is our experience as Fort Lauderdale bankruptcy attorneys. As a husband and wife team, we have handled countless cases spanning numerous types of debt and debt relief. Because of this, we are uniquely equipped to guide you through a broad range of financial issues.