Frequently Asked Questions
What is bankruptcy?
Bankruptcy is a legal process that allows consumers and businesses to discharge and/or restructure their debts, in many cases offering them a fresh start.
What kinds of bankruptcy are there?
The two most common types of bankruptcy for consumers are Chapter 7, liquidation bankruptcy, and Chapter 13, reorganization bankruptcy.
How do I know which type is best for me?
The best way to determine which type of bankruptcy is best for you is to speak to an attorney. Call for a Free Consultation.
If I'm broke, how will I be able to afford an attorney?
In the majority of cases, we are able to offer affordable payment plans to help get you on the path to financial freedom.
Will I be able to qualify for bankruptcy if I have a job?
It is normal for people to need an income to survive. In order to qualify for Chapter 7 consumers are required to pass the means test to determine your ability to repay debts. If your income is too high to qualify for Chapter 7 you may still get substantial relief from a Chapter 13 case.
What are the benefits of Chapter 13?
A chapter 13 reorganization can be a wonderful tool to save your home from foreclosure, reduce interest rates on vehicles, prevent repossessions, eliminate second mortgages, deal with back taxes and reduce credit card and medical debt.
Do I Really Need an Attorney?
It is always in your best interest to have an attorney guide you through the process. At Diaz Law Firm we have handled thousands of bankruptcy cases. Our experience helps us to spot any potential issues with your case.
My house is getting foreclosed. Can a bankruptcy help me save it?
Filing a bankruptcy prior to the public sale will stop a foreclosure sale. The bankruptcy code allows you to formulate a Chapter 13 plan to resume your regular monthly payments and cure your arrears over time for a period of up to 5 years. In addition to this, you may be able to participate in the court’s Mortgage Mediation Program to attempt to work out an agreement with your lender.
I'm being garnished. Is it too late to file?
When you file bankruptcy, the Automatic Stay prevents creditors from continuing to garnish you. Call us right away to schedule a Free Consultation.
Will I be able to rebuild my credit after bankruptcy?
Absolutely. Bankruptcy will allow you to get out from under crushing debt and start toward a path of a fresh start. Over time, you will be able to work toward re-establishing credit, even for major purchases like homes and automobiles.
Your Family, Your Finances and Your Life.
Looming financial disaster is frightening. If you are facing possible or certain bankruptcy or foreclosure, you need a knowledgeable listening ear to steer you in the right direction. Blaming yourself for your money problems is not a productive way to find the solution. Learning how to move forward and survive is your best option. We focus on what can be done to get you back on your feet when debt threatens your financial security.
Bankruptcy Is Often a Responsible and Inevitable Choice
Deciding to file bankruptcy is upsetting and difficult for many people. Most reasonable people want to be responsible and repay debts that they agreed to pay when they signed credit card receipts and got needed medical treatment. However, the accumulation of crushing debt can become too much to handle. Bankruptcy may be your best option when you are unable to keep up with monthly payments: car payments, mortgage or rent payments, medical bills, credit card payments and other financial obligations.
Free initial consultation
Diaz Law is a Florida bankruptcy law firm that focuses on clients and their needs. We take the time to listen, to educate and to watch out for our clients' rights as they proceed through Chapter 7 or Chapter 13 bankruptcy.