Bankruptcy Attorney and Lawyer Services in Brevard County, Melbourne, Florida and surrounding Central Florida areas available to help you with all your bankruptcy needs (both personal and corporate bankruptcies).
Our experienced bankruptcy law attorneys are here to help. Our bankruptcy attorney will give you a free consultation and help you determine which bankruptcy process, if any, is best for you. The bankruptcy laws are complex and involve many legal concepts. Indeed, Bankruptcy Law is primarily federal law and administered by the federal courts. However, state consumer and commercial laws do play important roles in certain bankruptcy issues and circumstances, therefore it is very important when addressing your bankruptcy attorney needs that you seek the advice and counsel of qualified local lawyers or attorneys to assist your legal needs. Arcadier, Biggie, and Wood, PLLC has attorneys who dedicate their practice to representing clients in the area of bankruptcy law, debt restructuring, including loan modifications, foreclosures, and elimination of debt. Our bankruptcy attorney provides bankruptcy services in South Florida, and Central Florida including Melbourne, Orlando, Palm Bay and Brevard County. Our law firm has experience representing clients in the following areas of bankruptcy law:
What to Expect in a Bankruptcy Attorney Consultation. Watch our Video.
Filing bankruptcy grants relief to individuals and businesses in financial trouble, and protects their property to the greatest extent possible. Generally, the bankruptcy process assesses the debtor’s assets and liabilities and provides a structure within which a debtor may be allowed to keep some of their property. Remaining debts are typically discharged or wiped clean, except certain types, such as debt obtained by fraud, education loans, domestic support orders, and most types of tax debt.
Bankruptcy is an available option for individual consumers and businesses. There are two major bankruptcy types: Liquidation and Reorganization. Since 2005, Bankruptcy Law has become more complicated. For example, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 is a major reform of the bankruptcy system.
The following are some of the key changes, as a result of the passage of this law, that debtors should be aware of are:
- Before filing for bankruptcy, most debtors must now undergo credit counseling in a government-approved program.
- Debtors who wish to file under Chapter 7 (Liquidation) must meet certain eligibility requirements under a “means test.”
- Debtors wishing to file bankruptcy under Chapter 7 (Liquidation) or Chapter 13 (Reorganization) must show proof of their income by providing federal tax returns for the last tax year.
- If a debtor is ineligible for filing under Chapter 7 (Liquidation) based on the “means test,” he or she must file under Chapter 13 (Reorganization) instead.
- Some protections have been eliminated. For example, filing for bankruptcy no long delays or stops eviction actions, driver’s license suspensions, legal actions for child support, or divorce proceedings.
- Changes were made to creditor priority, in that persons who are owed unpaid child support and alimony takes priority over any other creditor.
- Also, after the conclusion of the bankruptcy proceeding, but before any debt can be discharged, debtors must participate in a government-approved financial management education program.
- You should also by mindful that a Chapter 7 bankruptcy can only be filed once every eight years.
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Bankruptcy Law Attorneys
Indeed, although bankruptcy laws are federally enacted, local practice and custom may sometimes be critical in assessing your specific needs. As such, it is recommended that you discuss the particulars of your case with an attorney who is well versed with the bankruptcy laws and the Central Florida customs and procedures.
Our firm consists of three bankruptcy attorneys to address all your bankruptcy and foreclosure needs. For additional information on the bankruptcy services we provide to individuals and companies, please contact us and we will show you how we help individuals and companies. To find out more about our bankruptcy services, click here. We provide free bankruptcy law consultations with a bankruptcy attorney. At the consultation, please make sure you are familiar with your particular financial circumstances which include knowing your debts and assets. You should be mindful that not all debts are dischargeable and that some of your assets may be protected. Debt that is usually difficult or not possible to discharge includes certain types of student loans, certain types of IRS debt, and certain types of Judgments when they are based on intentional torts. Assets that are protected are based on Florida Law and typically include a Homesteaded home (homestead exemption), annuities formed under Florida Law, certain types of pensions, IRAs and retirement account. At the bankruptcy law consultation with our bankruptcy attorney, please make sure you have a copy of your last filed tax returns, as well as a detailed list of all the debtors you know so that the lawyer can cross check your list with what is publicly available through the credit agency reporting.
Attorney Stephen Biggie is lead counsel in the law firm’s bankruptcy practice. Mr. Biggie is a seasoned Bankruptcy Law attorney with jury trial experience and appellate experience at both the Federal and State Levels. He is licensed to Practice Bankruptcy Law in the Middle District of Florida and the Southern District of Florida as well as all Florida State Courts. Attorney Biggie works out of the Melbourne, Florida office.