Personal Bankruptcy

The decision to file for bankruptcy is often one of the hardest choices that a person has to make in their lifetime. Poor planning can often make the process even harder. It goes without saying that filing for bankruptcy should be a last resort, and should only be done when all other methods of satisfying one's financial obligations have been exhausted. However, if your situation has become so severe that you are in danger of foreclosure, garnished wages or repossessions, or are facing debts that you have no ability to pay, putting off the inevitable may have devastating consequences. Procrastination may cost you your car, your wages, and even your home. Filing your case in a timely fashion may spare you these losses.

If you are close to foreclosure on your home, declaring bankruptcy may stop this going forward and even create a payment structure that will help you pay off your arrears.
Large medical bills combined with a loss of employment, or on their own can create a nearly impossible financial hole to climb out of. Bankruptcy can help you in this situation and possibly reduce or even wipe away your medical bills.
Bankruptcy can stop harassing creditors from turning up on your doorstep, especially if they are being unfairly pushy or unreasonable or are fraudulently trying to take more than you owe.
Although your student loans will not disappear, bankruptcy may help you to consolidate those debts and pay them off in a reasonable timeframe.
Bankruptcy will end wage garnishment, which means you will be able to afford life’s necessities.

You may have more than one of these issues overlapping in your life and bankruptcy may be the best and most logical way to start your financial life over.

The purpose of a Chapter 7 Bankruptcy is to wipe out your debts, allowing you to get a "Fresh Financial Start".

In a Chapter 7 Bankruptcy a trustee will be appointed by the court to liquidate (sell) all assets which do not fall under the bankruptcy exemption guidelines. The net proceeds collected in the liquidation of the non-exempt assets are then distributed to your creditors.

Debts which cannot be included for discharge in a Chapter 7 Bankruptcy may include, but not limited to:

Alimony spousal support
Child support
Fraudulent debts
Certain taxes
Student loans
And certain items which have been charged.

As a law firm providing experienced Chapter 7 Bankruptcy Attorney & Lawyer legal services, assisting Palm Harbor, Clearwater, New Port Richey and Southwest Florida area residents with Chapter 7 and Chapter 13 Bankruptcy legal issues, we are committed to protecting the legal rights of each and every client, while always striving to provide the highest standard of legal representation.

If you considering filing for a Chapter 7 Bankruptcy, make sure your legal rights are protected by seeking the legal advice of an experienced Clearwater and Palm Harbor Chapter 7 Bankruptcy attorney & lawyer. Contact the Law Offices of Jeffrey A. Herzog, P.A., today by calling by calling Toll Free: (866)-789-4002 or Locally at (727) 789-4000 to schedule a confidential legal consultation.

Typically an individual who files for a Chapter 7 Bankruptcy has a large credit card debt which may include multiple credit cards, various unsecured bills with may be associated with various assets which the payment status may or may not be delinquent.

In many Chapter 7 Bankruptcy situations you may be able to keep specific secured debts such as your car, furniture, or home, as long as you reaffirm your commitment to continue paying these debts. In order to keep these items in a successful Chapter 7 Bankruptcy you must voluntary sign a "reaffirmation agreement".

The purpose of the "Reaffirmation Agreement" is to protect "reaffirmed" debtors. This is an agreement that the allows the lona to "survive" the bankruptcy process. For reaffirmed loans it will be as if you never claimed bankruptcy. The creditor may enforce the provisions of the loan contract and collect on the debt. Since it is a huge responsibility to reaffirm loans after bankruptcy, you should seek the advice of competent counsel.

A Bankruptcy will appear on your credit report for 7 years. This does not mean you may not qualify for credit after filing for bankruptcy. Some lenders will extend credit within two or three years after filing a bankruptcy case and some may even sooner.

Law Offices of Jeffrey A. Herzog, P.A., aggressively defends the legal rights of those involved in the Chapter 13 Bankruptcy process, while addressing all related issues that should be taken into consideration when defending your legal rights.

A Chapter 13 Bankruptcy, unlike a Chapter 7 bankruptcy, does not provide a release of debt, but rather a restructuring of the debt in a manner which is considered manageable to repay the dept.

In a Chapter 13 Bankruptcy, the debt, similar in form to a financial consolidation loan may be paid back for less than what is currently owed. In a Chapter 13 Bankruptcy, a debtor proposes a repayment plan to the creditors, over a 3 to 5 year period, in a good faith proposal to pay off all or part of the debts from the debtor's future income.

A Chapter 13 Bankruptcy may be a better decision if you wish to try to:

Prevent the foreclosure of a home;
Make up delinquent car or mortgage payments
Pay back taxes;
Stop interest from accruing on your tax debt (local, Florida state, or federal);
Keep valuable property which is non-exempt in a bankruptcy;
And manage other financial situations which may be affected by a Chapter 13 bankruptcy proceeding.

As a law firm providing experienced Chapter 13 Bankruptcy Attorney & Lawyer legal services, assisting Palm Harbor, Clearwater, New Port Richey and Southwest Florida area residents with Chapter 7 and Chapter 13 Bankruptcy legal issues, we are committed to protecting the legal rights of each and every client, while always striving to provide the highest standard of legal representation.

If you considering filing for a Chapter 13 Bankruptcy, make sure your legal rights are protected by seeking the legal advice of an experienced Clearwater and Palm Harbor Chapter 13 Bankruptcy attorney & lawyer. Contact the Law Offices of Jeffrey A. Herzog, P.A., today by calling by calling Toll Free: (866)-789-4002 or Locally at (727) 789-4000 to schedule a confidential legal consultation.

Creditors often will work with debtors in a Chapter 13 Bankruptcy, as Chapter 13 provides the opportunity to recover funds from you, as apposed to a Chapter 7 Bankruptcy where the potential to recover a larger portion of the debt is diminished.

Those who are more likely to file for a Chapter 13 Bankruptcy are individuals who seek to hold on to possessions such as a home, multiple vehicles, or other property or assets.

A Bankruptcy will appear on your credit report for 7 years. This does not mean you cannot qualify for credit after filing for bankruptcy. Some lenders will extend credit within two or three years after filing a bankruptcy case and some may even sooner.

If you need legal advice and representation in regarding Chapter 13 Bankruptcy issues in Palm Harbor, Clearwater, New Port Richey, or the Southwest Florida area, contact an experienced attorney & lawyer at the Law Offices of Jeffrey A. Herzog, P.A., today by calling Toll Free: (866)-789-4002 / Locally: (727) 789-4000, or email with any questions, comments, or concerns, or to schedule a confidential legal consultation.

The Law Office of Jeffrey A. Herzog, P.A. assists clients with: Criminal Defense, Business Law, Family Law, Probate / Estate Administration, Residential Real Estate, DUI & Traffic Violations, Estate Planning, Constitutional Law, Franchise Law, Special Needs Planning, Planificación de Bienes, Personal Injury, Automobile Accidents, Traffic Violations, Advanced Estate Planning, Pet Trusts and Elder Law / Medicaid Planning matters in Florida, including the counties of: Pinellas County, Pasco County, Hillsborough County, Polk County, Manatee County, Sarasota County; and the cities of: Tarpon Springs, Palm Harbor, Safety Harbor, St. Petersburg, Seminole, Clearwater, Clearwater Beach, Indian Rocks Beach, Dunedin, Treasure Island, Pinellas Park, Largo, New Port Richey, Port Richey, Trinity, Hudson, Holiday, Zepherhills, Odessa, Wesley Chapel, Dade City, Temple Terrace, Oldsmar, Lutz, Seffner, Brandon, Riverview, Gibsonton, Valrico, Lakeland, Winter Haven, Plant City, Bartow, Ft Meade, Lake Wales, Haines City, Holmes Beach, Bradenton Beach, Cortez, Bradenton, Palmetto, Parrish, Apollo Beach, Ruskin, Wimauma, Longboat Key, Sarasota, Anna Maria Island, Osprey, Nokomis and Siesta Key.