Orange Park Chapter 7 Bankruptcy Lawyer
Chapter 7 bankruptcy is one of the most common types people file. Still, that does not mean that the process is easy, or that it does not present certain challenges. Many people are reluctant to file bankruptcy because they are unsure and intimidated by the process. Knowing what to expect even before you file can make you feel more prepared and give you a better chance of success with the process. Below, our Orange Park Chapter 7 bankruptcy lawyer outlines the steps you will have to take.
Determine if Chapter 7 is the Best Option
Chapter 7 may be the most common type of bankruptcy, but it is just one of six different types. With the help of an attorney, you should list your assets and debts to determine if Chapter 7 is the right option for you. It is also important to determine if you will pass the means test. If you will not, you are not eligible for Chapter 7 and will have to file a different type, such as Chapter 13 bankruptcy.
List Your Exemptions
During the bankruptcy process, some or all of your assets are liquidated and the proceeds are distributed among your creditors. Florida law though, has some of the most generous exemptions in the country that can protect your property. You should speak with an Orange Park Chapter 7 bankruptcy lawyer who can advise on what exemptions apply in your case.
File the Bankruptcy Petition
Bankruptcy petitions are filed in federal court. There are three bankruptcy districts in Florida and residents of Orange Park should file in the Middle District. A lawyer can ensure your petition is filed properly.
The Automatic Stay
The automatic stay, also known as a suggestion of bankruptcy, will be issued as soon as you file bankruptcy. This prohibits creditors and debt collectors from contacting you to try and collect on debt.
Assignment of the Trustee
The bankruptcy court will assign a trustee to your case, who will oversee the proceedings. You will meet with your trustee and your lawyer, and the trustee will have the opportunity to object to any exemptions you claimed. If there is a dispute, either the bankruptcy trustee or a creditor can file an adversary claim.
Once your non-exempt property is sold by the bankruptcy trustee and the proceeds are distributed among the creditors, the bankruptcy court will then discharge your debt. It is important to note that this does not forgive or erase your debt. It will still appear on your credit report and could still negatively impact your financial future. A discharge only means you are no longer legally responsible for paying it.
Our Bankruptcy Lawyer in Orange Park Can Prepare You for the Process
Filing bankruptcy is not as easy as just filling out some forms. At the Law Offices of Carol M. Galloway, P.A., our Orange Park bankruptcy lawyer will make sure you are fully prepared so you have the best chance of getting as much debt discharged as possible, while still protecting your property. Call us now at 904-694-5489 or contact us online to schedule a free consultation.