Bankruptcy

Experienced, Knowledgeable Winter Park Debt Relief Attorney

When you need debt relief, you may have considered filing for bankruptcy. Without the assistance of a skilled bankruptcy lawyer, however, proving your need for debt forgiveness can be difficult.

If you have experienced recent financial downturns that have left you with seemingly insurmountable debt, contact me, attorney Paul V. Moyer. From my office in Orlando, Florida or my satellite offices in Ocala, Marion County, Daytona Beach, Orlando, Clermont, and Kissimmee, I represent individuals throughout central Florida in consumer bankruptcy proceedings. I work personally with my clients to obtain the debt relief they need to move on with their lives.

Exploring All Your Options

As your Central Florida bankruptcy attorney, my goal is to make sure your bankruptcy is handled correctly so you can obtain the debt relief you need. With more than 31 years of legal experience, I help you explore the options that work best for your situation.

I can help you determine whether you qualify for debt liquidation through Chapter 7 Liquidation or whether debt reorganization under Chapter 13 Adjustment of Debt for a Debtor with Regular Income is better suited to your needs. I also advise you on your rights and obligations regarding:

  • Foreclosure defense
  • Mortgage Modification
  • Repossession of cars and other nonexempt assets
  • Wage garnishment
  • Credit card debt
  • Creditor harassment

We did not forsee the real estate market collapsing. I understand that you may have lost your job or experienced a personal injury requiring expensive medical care. You may have merely fallen behind on your utility or mortgage payments. Regardless of the reasons you got into debt, my job is to help you find the way out of it.

Chapter 7 or Chapter 13? Congress changed the Bankruptcy law in 2005. The law now requires that a determination is made as to which chapter of bankruptcy you can file. A "Means Test" is calculated to see if your income is under a certain limit to permit the filing of a Chapter 7 Liquidation. If your average monthly family income exceeds the means test limit, then a Chapter 13 - Adjustment of Debt for a Debtor with Regular Income, would be your option. Let me run the numbers for you and see which chapter you qualify for.

Exemptions One of the biggest questions you may have in considering bankruptcy is "What will I be left with once this is done?" "What can I keep?" The property you are able to retain in the bankruptcy is called "Exempt" property. Florida Statutes Section 222 and the Florida Constitution spell out what property you can keep. Depending on the type of bankruptcy filed, Chapter 7 Liquidation or Chapter 13 Adjustment of Debt for a Debtor with Regular Income, I will explain to you the types of the property you can keep, the value of the personal property allowed, and ensure you retain the maximum that the law allows.

Homestead In many cases, you can keep your home (if you pay for it). There are times in a Chapter 13 when you can strip a second mortgage . Sometimes, modification of mortgages are accomplished to assist you in affording the home you are trying to keep.

Personal property and vehicles can be retained up to certain value limits. You get more personal property exemptions if you do not claim ownership in a home. I'll explain those limits under Chapter 7 and Chapter 13.

Retirement plans are often exempt and able to be kept as well in both Chapter 7 and Chapter 13 cases.

Get the Debt Relief You Need

When you need help to take back control of your finances and your life, contact my Orlando office by calling locally at 407-774-5230 or toll free at 888-592-1841 to schedule a free initial consultation. I offer payment plans under certain circumstances in Chapter 13 bankruptcy cases.

My firm has been designated as a debt relief agency. I help people file for bankruptcy under the United States Bankruptcy Code.