Welcome to SouthFloridaBankruptcyLaw.Org. I am Philip B. Harris, a bankruptcy lawyer at Rutherford Mulhall, P.A. I created this site to give people with debt problems information about filing for bankruptcy protection in South Florida. Bankruptcy is not the only solution to debt problems, and it may not be the answer for you. For many, though, the filing of a bankruptcy is the necessary first step toward their financial rebuilding.
In 2008, 1,074,225 non-business bankruptcy cases were filed in the United States. More than 20,000 cases were filed in the Southern District of Florida.
How do you know if you should file for bankruptcy?
- You are more than 30 days late in paying more than one of your bills.
- Collection agencies are calling you at home or at work.
- After a divorce, you can't keep up with the mortgage and your other monthly bills.
- Most of your debt is unsecured, i.e., credit cards, doctor's bills, hospital bills.
- After an injury or illness, you have large medical bills your insurance doesn't cover.
- You owe more taxes than you can pay.
- You have been sued.
- Your wages or bank account has been garnished.
- Your vehicle has been repossessed.
- Your monthly income is not enough to pay your bills, and each month your total debt grows.
The
United States Bankruptcy Code provides four different types of bankruptcy individuals can file:
Chapter 7: "liquidation", also available for businesses.
Chapter 11: "reorganization", used most often by businesses, but also available for
high asset/highly indebted individuals.
Chapter 12: a payment plan for fishermen and family farmers.
Chapter 13: a payment plan for people with a regular income, including self-employed.
For most people, bankruptcy means either Chapter 7 or Chapter 13. In either case, once your bankruptcy is filed, you gain the protection of bankruptcy law - which means
- Debt collectors must stop calling you.
- Collection letters must stop.
- Lawsuits against you must stop.
- You get your chance at the fresh start which is the fundamental goal of our bankruptcy laws.
The fresh start is achieved with a bankruptcy discharge, which wipes out most debts and prohibits creditors from attempting to collect those debts in the future. The United States Supreme Court stated that the purpose of the bankruptcy law is that "it gives to the honest but unfortunate debtor . . . a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt." Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934).
For information about
Chapter 7 bankruptcy, click here.
For information about
Chapter 13 bankruptcy, click here.
