Bankruptcy in Miami FAQs

Michael J. Brooks, P.A.
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Frequently Asked Questions

  • What is the bankruptcy means test in Miami?

    The means test determines if your will qualify to file for Chapter 7 bankruptcy. It compares your average monthly income for the past six months prior to filing the bankruptcy case to determine your ability to file a chapter 7 bankruptcy.

  • What is the role of a bankruptcy attorney in Miami?

    A bankruptcy attorney guides you through the bankruptcy process, helps you understand your options, prepares and files your bankruptcy paperwork, and represents you at bankruptcy meetings and court hearings.

  • How does bankruptcy affect my credit score in Miami?

    That depends on your credit score when the bankruptcy case is filed. Some people have their credit score increase upon filing. Others have their credit score decrease upon filing.

  • Can I file for bankruptcy in Miami without a lawyer?

    Yes, you can file for bankruptcy without a lawyer, but it’s not recommended due to the complexity of bankruptcy laws and the potential for mistakes.

  • What is an automatic stay in bankruptcy?

    An automatic stay is a legal injunction that stops most collection efforts, including calls, letters, and lawsuits, immediately after you file for bankruptcy.

  • What is a bankruptcy discharge in Miami?

    A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts, meaning the debtor is no longer legally required to pay those debts.

  • What is a bankruptcy trustee in the Souther District of FL??

    A bankruptcy trustee is an individual appointed by the court to administer your bankruptcy case, review your paperwork, sell your nonexempt property (in Chapter 7), or oversee your repayment plan (in Chapter 13).

  • What is exempt property in a Miami bankruptcy?

    Exempt property is property that bankruptcy law allows you to keep when you file for bankruptcy. Florida has its own set of bankruptcy exemptions.

  • Can I file for bankruptcy if I'm unemployed in Miami?

    Yes, you can file for bankruptcy if you’re unemployed. In fact, unemployment is a common reason people file for bankruptcy.