Kissimmee Bankruptcy
Answers to Common Bankruptcy Questions
Bankruptcy is a legal process that allows people who cannot pay their bills to get a fresh financial start. All creditors must immediately cease collection efforts from the time you file for bankruptcy to when the court has addressed all debts.
The law recently passed by Congress has made it more complicated for individuals to file bankruptcy but the availability of bankruptcy relief and most of the benefits of the process remain the same for many consumers.
Bankruptcy Laws in Kissimmee
Chapter 7 (straight bankruptcy)
Chapter 7 bankruptcy requires that an individual relinquish all non-exempt property to a trustee who will sell the items to pay creditors as much as possible. The basic idea behind Chapter 7 bankruptcy is to discharge (wipe out) your debts in exchange for the property at your disposal.
Filing for debt relief under Chapter 7 is probably not the right approach for you if you have items such as a car or house and would like to keep the property despite late payments. Chapter 7 bankruptcy does not override the right of a mortgage holder or finance company to repossess property to cover unpaid debt.
There are means test forms that you must fill out with detailed financial information to show your income to the court. Higher-income consumers may have to file under Chapter 13 if a means test shows sufficient income to make debt payments after they attend to their basic needs.
There are situations where the court will take extenuating circumstances into account when ruling on your case and there are details that can affect a bankruptcy case ruling. Contact the Law Offices of Walter F. Benenati, Credit Attorney P.A., to discuss details of your case and learn more about bankruptcy law in Kissimmee.
Chapter 13 (reorganization)
In a Chapter 13 case, you present a plan to the court and creditors that outlines how you will pay off some, if not all, of your past due and current debts within a five year period. Chapter 13 cases allow you to keep valuable property, such as a home or car, which might otherwise be lost.
You must be able to make the minimum payments that the bankruptcy law requires when requesting relief under Chapter 13. These payments will be at least as much as your regular monthly loan payments in most cases, in addition to the amount past due.
Choosing Florida bankruptcy
It is important to select an attorney who will respond to your personal situation in bankruptcy cases. Attorney Walter F. Benenati believes that a lawyer needs to meet with each client and answer all his or her questions.
He takes representation a step further and personally attends meetings with creditors, unlike some attorneys who delegate the responsibility to someone else. Mr. Benenati has personal experience with filing for bankruptcy and has felt the anxiety of many of his clients prior to a creditor meeting.
Mr. Benenati felt his lawyer represented him well by attending his 341 meeting and he offers that support to his clients by attending all creditor meetings. His personal experience has shaped the personalized, compassionate bankruptcy representation clients can trust.
We urge clients to be wary of documentation preparation services that cannot give legal advice on cases and offer no representation after filing bankruptcy documents. We have helped clients defrauded by bankruptcy service companies that take advantage of people seeking help.
Contact the Law Offices of Walter F. Benenati, Credit Attorney P.A. to review your case with a bankruptcy law firm in Florida.
National Association
of Consumer
Bankruptcy Attorneys
National Association of
Consumer Advocates
