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Chapter 7 Law Our mission is to help people out of debt, and we don't take shortcuts

Orlando Chapter 7 Attorney

Bankruptcy Attorneys at Joseph J. Mancuso, P.A.

If you are buried in debt with no hope of repayment or catching up on monthly payments, filing for Chapter 7 bankruptcy may be the solution for you. Although recent bankruptcy laws have added additional restrictions which can make it harder to file for bankruptcy, an Orlando bankruptcy attorney atJoseph J. Mancuso, P.A. may be able to help.

No one should feel embarrassed or ashamed for filing for bankruptcy—especially with the economic conditions existing in recent years. Bankruptcy law exists to protect individuals and families from complete financial ruin. Debt relief may be just around the corner for you!

About Chapter 7 Bankruptcy

By filing for Chapter 7, you may be able to become debt free in months. You can petition no matter how much you owe. Chapter 7 is often referred to as the "liquidation bankruptcy" because the debtor's nonexempt property is liquidated and the funds distributed to creditors. Unlike a Chapter 13, however, the property that the debtor owns may not be safe from liquidation in a Chapter 7; it is important to consult with a lawyer so you know what to expect.

Do I Qualify for Chapter 7?

Not everyone can file for Chapter 7 bankruptcy. To file, you must make sure that:

  1. Your income is not too high.
  2. You can repay some debt.
  3. You did not already have debt discharged from a previous bankruptcy.
  4. You did not have a previous bankruptcy case that was dismissed 180 days ago.
  5. You completed credit counseling 180 days before filing.
  6. You did not defraud creditors.

When filing for bankruptcy, the “means test” will show whether or not your income allows you to qualify for Chapter 7. If your current monthly income is equal or below your state’s median income, you can file for Chapter 7 bankruptcy. If your income exceeds it, you must qualify the next part of the test. This involves your disposable income.

If you have enough disposable income to pay back your debts, you must have a certain amount of income leftover, otherwise, the court may dismiss your filing and it may be better for you to file for Chapter 13.

If you had debt discharged in a previous Chapter 7 case within the past eight years or through Chapter 13 within the past six years, you cannot file for Chapter 7.

You are not able to file for Chapter 7 if your previous bankruptcy case (Chapter 7 or 13) was dismissed for:

  • Violating a court order.
  • The previous case was considered fraudulent.
  • You requested a dismissal after a creditor asked the court to lift the automatic stay.

You must complete a credit counseling within 180 days before filing for Chapter 7. This must be done with a nonprofit agency approved by the U.S. Trustee’s office.

If the bankruptcy court suspects that you are attempting to defraud creditors, your case will be dismissed.

Call an Orlando Chapter 7 Lawyer (407) 378-5488

Filing for Chapter 7 bankruptcy protection can mean a fresh financial start for you and your family. Freedom from crushing debt, creditor collection abuse, and financial struggle may be just a few weeks away. Let our firm help you get there.

Contact the Law Offices of Joseph J. Mancuso, P.A.

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