Jul 12, · The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States.” The Bankruptcy Code of Laws and Procedures we have today (which was created in ), instituted by our federal government, provides relief for overburdened debtors.5/5(6). The United States Bankruptcy Court for the Middle District of Florida does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information nor does it control or guarantee the on-going availability, maintenance, or security of these Internet sites. Oct 14, · Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Rafael Sanchez (69, Orlando) has pleaded guilty to bankruptcy fraud. He faces a maximum penalty of five years in federal prison. Sanchez has agreed to make full restitution to the Clerk of Court for the United States Bankruptcy Court for the Middle District of Florida. His sentencing hearing is scheduled for .
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If you decide to file bankruptcy, you must have a certificate from the agency showing that you received the counseling before your bankruptcy case was filed. The Law Offices of Walter F. Benenati, Credit Attorney P. It can be done over the internet or telephone and takes approximately 60 to 90 minutes. In a chapter 7 case, you can keep all property which the law says is exempt from the claims of creditors.
Florida has liberal bankruptcy exemptions, including an unlimited homestead exemption. In determining if property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth when your bankruptcy case is filed.
Especially for furniture and cars, this may be a great deal less than what you paid or what it would cost to buy a replacement.
Unless you are a high profile public figure, most likely no one will be going to your house to determine the value of your belongings. You also only need to look at your equity in property. That means you count your exemptions against the full value minus any money that you owe on mortgages or liens. While your exemptions allow you to keep property even in a chapter 7 case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind.
In a chapter 13 case, you can keep all your property if your plan meets the requirements of the bankruptcy law. In most cases you will have to pay the mortgages or liens as you would if you did not file bankruptcy.
In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Most trustees will allow you up to 10 months to pay back your non-exempt value.
However, some of your creditors may have a security interest in your home, automobile, or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt.
Bankruptcy does not make these security interests go away. If you do not make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case. Or you can use chapter 13 to catch up on back payments and get current on the loan.
There are also several ways that you can keep collateral or mortgaged property after you file a chapter 7 bankruptcy in Orlando. You can agree to keep making your payments on the debt until it is paid in full.
Or you can pay the creditor the amount that the property you want to keep is worth. In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan, other than a loan to purchase the goods you can usually keep your property without making any more payments on that debt.
Many people believe they cannot own anything for a period after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within six months days after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
In most bankruptcy cases, you only have to go to a proceeding called the meeting of creditors to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation. Read about it here.
Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear at a hearing. In a chapter 13 case, you may also have to appear at a hearing when the judge decides if your plan should be approved.
After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Many of the course providers give you a choice to take the course in-person at a designated location, over the Internet usually by watching a video , or over the telephone.
We will coordinate it for you. Great question! One of the biggest misconceptions about bankruptcy is that it will ruin your credit forever. That is false. Our emphasis is in credit. Face it. Without a good credit score, it is hard to be approved for anything. Most people come to our office with bad credit to begin with. It is not uncommon to see a jump of 70 to points in your credit score because you filed bankruptcy! If you decide to file bankruptcy, remember that debts discharged in your bankruptcy should be listed on your credit report as having a zero balance, meaning you do not own anything on the debt.
Debts incorrectly reported as having a balance owed will negatively affect your credit score and make it more difficult or costly to get credit. Over half of the people I meet that come in for a FREE consultation tell me how they were ripped off by a debt settlement company in Orlando. I once even saw a commercial that had former President Obama in their advertisement to fool consumers that he was associated with it. When you realize how the debt settlement business model works, it is usually too late.
That is outrageous. After about 6 months into the program after not paying your debts and instead paying their fees, most people call bankruptcy attorneys in Orlando for help when they realize nothing is happening. Moreover, many creditors such as Bank of America or Chase do not take debt settlement firms seriously. Most creditors will continue to call and harass you. There are also tax implications to settling debt for less than the full amount you will receive a MISC Income at tax time which is never mentioned to potential debt settlement clients.
Remember, these predatory companies want you to think bankruptcy is the worst thing you can do because if you file a Chapter 7 bankruptcy in Orlando, it is game over.
No More Debt. Credit consolidation companies like to mention they are non-profit. Make no mistake about it. Part of your payments every month is a fee charged to you for perhaps 3 to 4 years. On the other hand, if your debt is unmanageable, credit consolidation companies should be recommending bankruptcy as the best option to resolve your financial situation.
However, the utility can require a deposit for future service and you do have to pay bills which arise after bankruptcy is filed. Government agencies involved in student loan programs also cannot discriminate against you based on a bankruptcy filing. If you file under chapter 13, you may be able to protect co-signers, depending upon the terms of your chapter 13 plan.
The attorney should not be too busy to meet with you individually and to answer questions as necessary.
One of our attorneys will personally meet with you during the FREE initial consultation. After hiring our firm, clients are grateful for the attentive caring customer service they receive. If you call our office you will be greeted with a live person even after hours who will make sure your needs are met.
I personally try to respond to all calls from clients the same day. Some clients are shocked but pleasantly surprised when they receive a call at p.
These are my clients and I am their attorney. It is my job to provide them the highest level of customer service and that includes returned phone calls the very same day. The hearing that you are required to attend during the bankruptcy process creates anxiety for many of my clients. In fairness, this is not too imply they do not care about your hearing with the Trustee.
Attorneys realize that it is a 5 to 10 minute meeting that is usually routine and not a cause for concern. I think differently because I personally went through it myself. Yes, I filed bankruptcy. This is a very frightening time for our clients.
I know because I have personally been through the bankruptcy process. I have been in your shoes and I can relate to your situation because I have been in your situation. At our firm, we provide an additional service to our clients: We will, upon intake and retainer, accept calls upon your behalf from creditors, collection agencies, and debt collection law firms that are harassing you.
This should immediately end the stress and anxiety that many of our clients face on a daily basis. Six months after the closing of your case, we will review your credit reports to determine everything is being reported correctly. This is a one time service. Remember, in bankruptcy, as in all areas of life, that the person advertising the cheapest rate is not necessarily the best. You may see ads for document preparation services also known as typing services or paralegal services, involving non-lawyers who offer to prepare bankruptcy forms for a fee.
Problems with these services often arise because non-lawyers cannot offer advice on bankruptcy cases and they offer no services once a bankruptcy case has begun. There are also many shady operators in this field, who give bad advice and defraud consumers. You can also remove a tooth without a dentist or clean your own septic tank.
Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly. The process is difficult and you may lose property or other rights if you do not know the law.
It takes patience and careful preparation. Chapter 7 straight bankruptcy cases have exemption rules and requirements that have to be prepared to benefit your particular set of circumstances. Very few people have been able to successfully file chapter 13 reorganization cases on their own. If you decide to obtain more information or advice regarding an Orlando, Kissimmee, or Sanford personal bankruptcy, allow me the opportunity to help you in this difficult time. Thank you for your consideration.
Abogado Hispano con experiencia en juicios sirviendo las necesidades legales de la comunidad de la Florida. We help people file for bankruptcy relief under the Bankruptcy Code. Going through difficult personal health and family events made this very hard, yet every person I came in contact at the Law offices of Attorney Walter Benenati made me feel at ease.
They were always quick to answer any questions. Even one time I was shocked I emailed the office and not even a couple of minutes later the attorney called to answer my question.
Every step of the way they were with me. They always informed me of any changes etc. I am extremely grateful to Denisse B. These girls rock!!! Trust me , Attorney Walter Benenati was the right choice for me and it will be for you too. We were always treated with respect and kindness.
The process was very smooth and there were no surprises. The whole procedure was explained beforehand and the process was exactly as explained. We were very embarrassed at having to file bankruptcy but Mr. Benenati and his staff always made us feel at ease and helped us to maintain our dignity through a very difficult time.
We cannot thank them enough for helping us to get a fresh start! They went above and beyond. Customer services is an understatement. I work with over people and word of mouth is everything.
If you need a lawyer and his staff that will work hard for you, Walter Benenati and his staff should be your 1 choice. Your firm made me feel comfortable about my decision and did not judge me at regarding my past financial decisions. Everything happened just the way it was explained at the consultation. No hidden costs or excessive time away from work. Thank you so much for helping me get my life back on track.
The Benenati Law Firm is the best. Hughey Avenue. Turn right onto W. Washington Street. Phone Numbers: Click here for the staff phone list. Visitors should research parking options before any visit to the courthouse. The City of Orlando has a dedicated parking page on its website detailing all parking facilities offered by the City of Orlando. In addition, several independent parking facilities are located in the vicinity of the courthouse. Parking prices will vary depending on the type and duration of parking.
Disabled parking is also limited due to the ongoing construction project. Please refer to the City of Orlando's.