Bankruptcy

Bankruptcy

We understand the endless cycle of worry and stress you face every day trying to stay financially afloat. Bankruptcy can often help-- especially with credit card debt, medical bills and personal loans.

The two most common types of Bankruptcy are Chapter 7 and Chapter 13. Bankruptcy can be a positive option for many struggling to pay their debts. We know that deciding whether to declare bankruptcy is often a very personal and difficult decision for many of our clients. You should not make this decision alone and should seek the help of an experienced bankruptcy attorney.

At The Santos Law Offices we can provide you with a knowledgeable assessment of your situation to help you determine if bankruptcy is the right option for you.

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FAQ

Every case is different but generally our attorney’s fees start at $900.00 for a single filer or $1200.00 for a joint filer. We offer affordable payment plans starting at $50.00 a month. Additionally, Attorney Dalyla Santos is often able to recover money for clients from creditors that violate collection laws. Many of our clients are able to pay their bankruptcy with the money Attorney Dalyla Santos recovers on their behalf from creditors. In certain cases Attorney Dalyla Santos will handle a case in a pro-bono basis (at no charge). Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Chapter 7 Bankruptcy and other legal remedies available.

Contrary to what many believe, the purpose of bankruptcy is not to make people destitute; rather is intended to give people a second change, a fresh start.
The moment you sign up with The Santos Law Offices PA to file for bankruptcy, you are protected from your creditors. We immediately notify your creditors that Attorney Dalyla Santos represents you and Creditors must stop calling you and sending letters to you. If you receive any collection communications after you signed up with our office then you may be entitled to receive up to $1000.00 in damages for the collection phone calls or letters received.
Once we file the Bankruptcy if a creditor has already sued you, that lawsuit must stop. The automatic stay also prevents creditors from repossessing your property and from foreclosing on your home.After Bankruptcy, the Discharge prevents your creditors from trying to collect the remainder of what you owe them. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Bankruptcy or other possible options.

To qualify for Chapter 7 bankruptcy under new bankruptcy laws, you either have to be under the “median income” for your geographical location or pass a “means test”. The means test takes into consideration and your expenses such as retirement income contributions or auto loan payments. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Chapter 7 Bankruptcy or other possible options.

Chapter 13 bankruptcy is for the consumer who does not meet the eligibility for a Chapter 7 bankruptcy, either because your income is too high or you have too many assets. Ch. 13 allows the Debtor to keep their property and pay back some or all of their debt in a 3 or 5 year court approved repayment plan. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Chapter 7 Bankruptcy or other possible options.

No, not all debts will be discharged through the bankruptcy, even if you have followed all of the Bankruptcy Code’s rules during your case. First, a bankruptcy case only discharges debts that you owed and listed at the time you filed the case, not those you incurred after filing the case.

In addition, even after bankruptcy, you will have to pay debts that are not discharged. Non-dischargeable debts include:

  • debts for income and property taxes
  • debts to creditors you did not list in your bankruptcy paperwork
  • domestic support obligations such as alimony and child support debts
  • fines payable to any governmental unit, such as a city or state
  • restitution imposed on you as part of a criminal sentence
  • student loans

Other debts that may not be discharged include debts you may have incurred through fraud or by willful or malicious actions. An example of a debt incurred by fraud is a loan you obtained when you knew you could not repay. Some credit card use immediately before bankruptcy may be considered fraudulent, especially if you use the card to pay for "luxury" goods or services, such as a vacation. If the creditor does not ask the court to rule on these debts, they will be discharged. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Chapter 7 Bankruptcy or other possible options.

In Florida, your creditor can sue you for five years and collect against you for another twenty years after that. That’s 25 years of looking over your shoulder, and hopefully you will not be unemployed for 25 years. You have choices, and The Santos Law Offices PA we can help you ease your worries and concerns, don’t let misinformation guide your decisions, get armed with the facts, call us today at 305-417-4111 for a free consultation.

It depends but most of our clients never have to go to Court. In fact, the process can be very easy if you work with an experienced attorney. You will only have to appear briefly at a meeting. This meeting doesn't happen in Court and it doesn’t include a judge. Attorney Dalyla Santos will personally prepare you before the meeting and appear with you at this required meeting.

Attorney Dalyla Santos understands the anxiety this process causes to many clients and that is why she takes the time to answer all of your questions during her initial free consultation and throughout your bankruptcy process. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Bankruptcy or other possible options.

Most people are reluctant to declare bankruptcy for fear of losing their home, car or other personal possessions. In reality, you may be able to keep most things, depending on the kind of bankruptcy you file.

Under a Chapter 7 Bankruptcy most of your debt should be wiped out. In exchange the Court may sell some of your personal items and property. In general the Court is looking for luxury items, boats, jewelry, high end electronics to sell. Worker’s compensation benefits, social security income, assets from a prepaid college fund and retirement accounts are usually exempt. If you can continue making payments on your home or car, you will likely be able to keep it. Under a Chapter 13 Bankruptcy you will be required to repay a percentage of what you owe and as such the court will not need to sell your property. You should be able to keep all or most of your assets.

If you are considering filing for bankruptcy but you are unsure of the consequences please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Bankruptcy or other possible options

The Bankruptcy Code prohibits an employer from firing you solely because you filed for bankruptcy or because you did not pay a debt that was discharged in bankruptcy. If your employer has other reasons for firing you, the fact that you filed for bankruptcy will not protect you. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Chapter 7 Bankruptcy or other possible options.

Yes! Remember the main purpose of Bankruptcy is to give you a fresh start or another opportunity. Your credit report will state that you filed for bankruptcy. A bankruptcy will stay on your credit report for seven years if you filed for Chapter 13 and ten years if you filed for Chapter 7. Lenders use credit reports in deciding whether to make loans. A bankruptcy does not mean you will never be able to borrow money again in fact, in order to rebuild your credit you will need to start using your credit again but use it wisely. Soon after the Bankruptcy Discharge you will begin to get credit card offers again. You will have the ability to start rebuilding your credit. Please contact The Santos Law Offices, PA at 305-417-4111 for a free consultation to explore Chapter 7 Bankruptcy and for tips on how to rebuild your credit after a Bankruptcy.

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5201 Blue Lagoon Dr, 8th Floor, Miami, Florida 33126

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305-417- 4111

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