Chapter 7 Bankruptcy
Gainesville Bankruptcy Attorney
If you are swimming in unsecured debt which you realistically cannot pay off, you may be eligible for a Chapter 7 personal bankruptcy that could eliminate some or all of your unsecured debt to give you a fresh start. A Chapter 7 petition applies to individuals and married couples with overwhelming debt in the form of credit cards, medical or dental bills, utility bills, and personal loans. This type of bankruptcy is known as a liquidation or straight bankruptcy. This is the most common, simplest, and quickest form of bankruptcy case.
In a Chapter 7 filing, you are allowed to retain exempt property under Florida bankruptcy rules. Florida has many exemption categories, including equity in your home and vehicle, retirement and pension plans, Social Security, personal property and many others. Assets which are not exempt are liquidated to pay off your creditors through the courts. In many Florida cases, all of your property may be protected.
In order to file for this type of bankruptcy, you will have to report your income, expenses, assets, and additional financial information to the court. The exemption laws that apply to you will be invoked to protect the maximum amount of property allowed under Florida state rules.
Eligibility for a Florida Chapter 7
In order to qualify for a Chapter 7 bankruptcy, your income must be equal to or less than the Florida median income for a family of your size. If your income exceeds this, you must then pass a means test in order to determine your eligibility. The means test calculates your disposable income by subtracting certain monthly expenses from your monthly income. If your disposable income exceeds a certain amount, you may not be eligible for a Chapter 7 but could still go on to file a Chapter 13 bankruptcy.
As a bankruptcy lawyer who has handled thousands of cases in and around the Gainesville area, I can help you determine how the means test applies to you and determine your eligibility under Florida state law.
Once your Chapter 7 bankruptcy petition is filed, you will then be under the protection of the court. An automatic stay against your creditors will be imposed, meaning that they will be prohibited from further contact with you. Once your case is completed, the unsecured debt you listed in your petition will be discharged through the courts.
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At The Law Office of Robert J. Warren, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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I recently used Robert Warren to help in the closing of my mom's home, and couldn't be happier with how it went. Robert and his assistant Lois were easy to work with, communicative throughout the process and helped overcome a few key issues that could have derailed our closing. 10/10 would definitely recommend!!C. Delatorre
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We are so appreciative to Mr Warren and his associate Lois with their help in selling our house. Their expertise in legal matters and in handling all situations involved gave us peace of mind! Thank you again for all your help!Hector and Debra
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Mr. Warren is knowledgeable and honest. His rates are reasonable and fair. His dedication and tenacity resulted in a very favorable outcome in my real estate case. I would highly recommend him without hesitation and would definitely use his services again.Rechelle
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I had a real estate situation needing legal help. He seemlessly solved the issues and the transition was professional and done quickly. I would go back to him again and again.Dawn W.
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Robert was excellent to work with. He is the most personable, competent and most accessible lawyer that my husband and I have ever worked with. Not only did Mr. Warren do the job we asked him to do, he made himself available to answer any questions or concerns we had along the way. His expertise and genuine care for the client is why we will work with him on our next venture. We 100% absolutely recommend him for legal advice.Dana Rio
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Robert managed to help so much in relieving the stress we were in. His assistance and dedication for us made our process much easier than expected. He took care of the small details other neglected to put the time and efforts to solve. He made us feel like we are in good hands and in the end we were. We are really thankful for his hard work. Highly recommend him for real estate assistance and guides.Judy Michalson
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Mr. Warren is an outstanding attorney. He helped me on multiple real-estate matters that were fairly complicated. His advice was excellent, he advocated for my interests, and he was highly responsive. I am grateful for his efforts and intend to use him in the future again.S. Kiousis
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Robert helped me with the sale of my home. This man was so knowledgeable he practically handled the whole thing for me. Not to mention his secretary is an absolute delight, so courteous and polite. Robert is the most phenomenal lawyer I've ever had to pleasure of working with.Daniel
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