Frequently Asked Questions

Below are some of the most commonly asked questions about the bankruptcy process and my services.‎ If you have further questions please email me at [email protected] with your phone number. I will call you immediately.

If I call your office, will I speak to you or to a secretary?

You will speak directly to me. I will be handling your case from start to finish. When we speak on the phone, I will ask you some questions to find out information about your circumstances. Then, I will give you an idea of how I may be able to help you. For example, I might recommend that you file a Chapter 7 or Chapter 13 Bankruptcy, that you apply for a loan modification or that you choose another course of action. We will set an appointment for an in office consultation at my Fort Lauderdale office.

Where is your office?

My office is in Fort Lauderdale, on Federal Highway between Oakland Park Boulevard and Sunrise Boulevard.  I am available for the initial meeting and all follow up meetings at my office.

What is the difference between a Chapter 7 and a Chapter 13 Bankruptcy?

A Chapter 7 Bankruptcy is considered a straight discharge. There is typically no payment plan, and all of the debt is usually wiped out. A Chapter 13 is a reorganization where you make monthly payments for a period of time and then receive a discharge of your debt.

Why might I choose a Chapter 13 Bankruptcy instead of a Chapter 7 Bankruptcy?

There are several reasons to file a Chapter 13 Bankruptcy rather than a Chapter 7 Bankruptcy. First, you may not qualify for a Chapter 7 bankruptcy because your income or assets may be too high. Even if you qualified for a Chapter 7 Bankruptcy, you may choose to file a Chapter 13 Bankruptcy in order to manage your mortgage, or homeowners’ association dues or deal with tax liability.

What kind of debt can I wipe out through bankruptcy?

If a bankruptcy is right for you, you can generally wipe out credit card debt, medical bills, and other professional service bills. You might be able to wipe out a second mortgage and possibly IRS debt.

Will filing a bankruptcy stop a lawsuit against me?

Yes, usually the filing a bankruptcy will, at least temporarily, stop a lawsuit.

My biggest problem is that I’m behind on my mortgage. How can you help me?

A Chapter 13 Bankruptcy might help you obtain a mortgage modification. Once the Chapter 13 Bankruptcy is filed, I would apply for a loan modification with your mortgage company through a court ordered Loan Modification Mitigation program. Once your mortgage company has reviewed your documents, the mortgage company is required to have a mediation or conference with us to decide whether you qualify for a mortgage modification. If you do qualify, your mortgage payments will be included in your Chapter 13 Plan payment. Also, through a Chapter 13 Bankruptcy, you may be able to gradually become current on your past due mortgage payments through the Chapter 13 Plan.

I heard something about being able to wipe out my second mortgage home equity line/home equity line of credit (HELOC), what’s that all about?

In certain circumstances, a second mortgage/home equity line/home equity line of credit (HELOC) may be wiped out through a bankruptcy. In order to possibly wipe out or discharge the second mortgage/home equity line/home equity line of credit (HELOC), the balance on the first mortgage on the property must be greater than the value of the property. In certain instances, this can provide substantial relief to homeowners. When you call me, we can discuss whether this might be a possibility for you.

Can I wipe out or discharge the money I owe to the IRS?

In certain circumstances, IRS debt can be wiped out through a bankruptcy. The evaluation of whether tax liability can be wiped out through a bankruptcy is complicated.  Part of the evaluation relates to when the tax returns were filed and when the tax was assessed.  I can give you a better idea during a phone consultation.  If the tax liability is not able to be wiped out in a bankruptcy, I may be able to help you work out a payment plan or an Offer in Compromise with the IRS.

What if I am in the process of short selling my property? Can I still file for bankruptcy?

Yes. If you file for bankruptcy, and would like to sell your property, we need to file a motion with the bankruptcy judge in order to gain permission to sell your property. Any amount that you owe to the bank once the short sale is completed should be discharged in the bankruptcy, if it is listed properly and you have stated your intentions properly.

Why should I contact you rather than another South Florida Bankruptcy Attorney?

If you call (954-385-3330) or email me ([email protected]), I will usually be able to speak to you right away. If you do not reach me immediately, I will be able to call you back within a few hours. I have handled personal bankruptcy cases in South Florida for almost 17 years. I care about my clients and I am concerned with what is best for them. I offer a personalized, caring and non-judgmental perspective to my clients. I will be the only person working on your case from start to finish. Please see the “Attorney” tab and personal section to familiarize yourself with me.