Frequently Asked Questions
What is the bankruptcy means test in Miami?
The means test determines if your income is low enough for you to file for Chapter 7 bankruptcy. It compares your average monthly income for the past six months to the median income in Florida.
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?
Filing for bankruptcy will lower your credit score initially. However, over time, as you discharge your debts and start fresh, you can rebuild your credit.
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 Miami?
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.