Practice Areas

Florida Attorney Practice Areas: Chapter 7 and 13 Bankruptcy, Foreclosure

For counsel and representation in real estate, foreclosure or bankruptcy in South Florida, contact the Diaz Law. Discuss your concerns, needs, opportunities and legal rights with a lawyer who will take the time to listen and educate you on what the law allows.

What We Are Expert At

Legal Practice Areas

Chapter 7

The most common type of bankruptcy to deal with unsecured debts like credit cards and medical bills.

Chapter 13

A restructuring type of bankruptcy that can help you save your home, vehicle and deal with tax issues.

Foreclosure

Assistance with alternatives to foreclosure, short sales, deeds in lieu, loan modifications and other loss mitigation options.

Real Estate

We handle a full range of real estate issues including contract negotiations and deposit disputes.

Mortgage Mediation

We expertly guide our clients through the Southern District of Florida Bankruptcy Court's Mortgage Mediation Program. This valuable program offers a structured opportunity to negotiate directly with lenders, often leading to favorable mortgage modifications and helping our clients keep their homes.

Student Loan Mediation

Navigating student loan debt can be challenging, but our firm assists clients with the Student Loan Mediation Program in the Southern District of Florida Bankruptcy Court. This program provides a platform to explore potential resolutions with lenders, offering a chance to negotiate repayment plans or other solutions for our clients seeking relief from overwhelming student loan burdens.

Short Sale Negotiations

For homeowners facing overwhelming mortgage debt, our firm offers expert short sale negotiation services. We work diligently with lenders to facilitate a smooth short sale process, helping clients avoid foreclosure and transition to a more stable financial future

Chapter 7

Chapter 7 bankruptcy is sometimes referred to as “debt discharge” bankruptcy. Most Floridians facing financial difficulties still qualify for this type of Bankruptcy where unsecured debts are eliminated completely if the debtor is financially unable to repay the debts.

Chapter 13

When you go through “means testing,” you may learn that you have too many assets or too much income to qualify for Chapter 7 “debt discharge” bankruptcy. Chapter 13 may be the appropriate debt relief remedy. It involves a repayment plan of a portion or all of your debts in a plan tailored to fit your budget.

Foreclosure Alternatives

  • Short sales: You sell your home at less than what you owe on your mortgage, and the lending institution may forgive the difference.
  • Loan modifications: The lender may agree to modify the terms, principal balance or interest rate of your mortgage, making monthly payments affordable again.
  • Deed in lieu of foreclosure: The lender may agree to take possession of the property by transfer of deed with no additional money owed and no reporting of the transaction on your credit report.
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