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Miami Bankruptcy Lawyers
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Miami Bankruptcy Law Firm
Foreclosure Defense
Are you one of the many home owners facing Foreclosure? At the Miami bankruptcy lawyer Andres Montejo, Esq., we have years of experience dealing with any and everything related to foreclosures in the state of Florida.
Mortgage Modification
Avoid foreclosure and keep your home with payments you can afford. If you're struggling to make mortgage payments, if you're worried about a looming interest rate, adjustment, or if you're already behind on mortgage, can help.
Chapter 7 & 13 Bankruptcy
We are Miami bankruptcy lawyers helping individuals, and families. We offer personal attention and a positive approach to Miami bankruptcy proceedings. Stop harassing credit card calls today.
About us
The Florida Bankruptcy law can be complex and confusing.
The Bankruptcy Law Center of Andres Montejo, in Miami – Fort Lauderdale specializes in bankruptcy law, foreclosure defense and mortgage modification. We can help you navigate bankruptcy code to find the best financial strategy for you. Bankruptcy relief is available for almost everyone in Miami – Florida who needs protection from creditors and an opportunity for a fresh start. Let us at Miami’s Bankruptcy Law office of Andres Montejo speak to you about bankruptcy in the state of Florida so that you can see where you stand when it comes to filing for bankruptcy in Miami….
Practice Areas
Administrative
Bankruptcy
Real Estate
Family
Latest questions and answers
Bankruptcy allows individuals or businesses (debtors) who owe others (creditors) more money than they’re able to pay to either work out a plan to repay the money over time or completely eliminate (discharge) most of the bills.
Secured debt is a claim that’s secured by some type of property, either by an agreement or involuntarily with a court judgment or taxes. Creditors can generally claim the property that secures the debt in the event of bankruptcy. Unsecured debt is not tied to any type of property, and the creditor doesn’t have a claim to their property. A mortgage is a secured debt on you property.
Consumers typically file Chapter 13 bankruptcy, where repayment is made to creditors, or Chapter 7 where the debts are dismissed. Each chapter of bankruptcy spells out: What bills can be eliminated How long payments can be stretched out What possessions you can keep Additional information The type depends on your circumstances and if you have assets available to repay all or part of the your debts. Bankruptcy laws can be tricky and involved, so determining if, when and which type of bankruptcy you need should be made with careful thought or the input of a bankruptcy lawyer.
Generally, you can convert a case one time to any other chapter you’re eligible for. The request to convert can be a simple one-sentence document. Watch out for issues, such as moving from a Chapter 13 to a Chapter 7, you’ll need to review whether you have acquired items that are now be considered property of the estate under Chapter 7 that weren’t part of the previous filing. Ask the trustee or a bankruptcy lawyer for additional issues.
With few exceptions, any person or business owing money to a creditor can file a bankruptcy petition.
Latest Blogs
My car is underwater, can I still save it in a chapter 7?
Yes, you can often keep an “underwater” car in Chapter 7 bankruptcy, depending on a few factors. If you still want the car, the bankruptcy
What documents are required to start the Chapter 13 bankruptcy filing process in South Florida?
To begin a Chapter 13 bankruptcy case in the Southern District of Florida, you must submit a comprehensive set of documents to the bankruptcy court.
How long must I have lived in Florida to use the state’s bankruptcy exemptions?
To use Florida’s bankruptcy exemptions—which include some of the most debtor-friendly protections in the country—you must have lived in Florida continuously for at least 730
Do I need to be a Florida resident to file for Chapter 13 in South Florida?
You do not need to possess Florida residency, but to file in the Southern District of Florida, you must meet specific residency and exemption rules:
Eligibility for Self-Employed Individuals and Sole Proprietors for Chapter 13 filers
Yes, if you’re self-employed or own a small business in Florida, you may be eligible to file for Chapter 13 bankruptcy, provided certain conditions are
Purpose of the Chapter 13 Means Test
The Chapter 13 bankruptcy “means test” in Florida serves a different purpose compared to the Chapter 7 means test. While Chapter 7’s means test determines