Miami Bankruptcy Attorney

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If you are interested in bankruptcy, we can help! Orshan, P.A. is a diverse bankruptcy firm serving large companies, small companies, and individual filers. We use our unique, personalized approach and offer decades of combined experience in order to help our clients successfully file for bankruptcy. If you are looking to begin your journey towards a brighter financial future, do not hesitate to get in touch with our Miami bankruptcy attorney. We can offer you the financial solutions that you require at this time.

Services Offered by Orshan, P.A.

Loss Mitigation Mediation in Bankruptcy Evolves to Mortgage Modification Mediation. Mortgage Modification Mediation ("MMM") is a voluntary program available to Chapter 7 and Chapter 13 debtors in the Southern District of Florida whereby debtors and their lenders explore mortgage modification options for real property in which the debtors have an interest or obligation under a promissory note or mortgage. (AO 14-03) The Court has mandated a secure online portal for the exchange of documents between the parties, thus eliminating the need for multiple submission of documents and to relieve delays in the process. The parties agree on the selection of a qualified mediator, and the program has the supervision and assistance of the United States Bankruptcy Court. Co-borrowers, co-obligors and third parties must participate in the MMM, and there is a fee for this program. Once all paperwork and parties are in order, a one hour settlement conference is conducted by the mediator. Contact Orshan, P.A. to find out more and to determine if you qualify for MMM.

Advantages of Filing Bankruptcy

Bankruptcy can seem like a last resort, but it actually comes with several benefits. Many individuals don’t realize how helpful bankruptcy can be to their financial situation, giving them a total fresh start they thought was out of reach for so long.

Top advantages of filing for bankruptcy instead of staying in a financial slump:

  • Stop getting harassed by creditors – Perhaps the most frustrating part of dealing with debt is that creditors call non-stop. When you file bankruptcy, you gain immediate protection from collection calls. Creditors could even get into legal trouble if they continue to harass you.
  • Discharge of debts – For both Chapter 7 and Chapter 13 bankruptcy, the debtor can be discharged of medical bills, credit card debts, and vehicle payments, among other things. For Chapter 7 filings, the debtor is usually absolved within three months. For a Chapter 13, once a specified payment plan is finished, they are relieved of their debt.
  • Protection from foreclosure – When your house is on the line and you are struggling financially, bankruptcy can actually work to save your home and provide you the time you need to get your payments reorganized. While not guaranteed, most Chapter 13 cases end with the debtor getting to keep their home.
  • Clean financial slate – Once the filing is done and your debt is discharged, you have a fresh financial start. Though you will need to begin rebuilding your credit after your filing is complete, you will be completely free from all former debts.

Bankruptcy Myths: Our Attorney Explains What Is True

Filing for bankruptcy is an important decision to make, and it doesn't make the decision-making process any easier when bankruptcy has a reputation that is based on a little truth and a lot of embellishment. Fortunately, like most unknowns it is not frightening once you learn the truth.

Here are some common misconceptions about bankruptcy in Miami:

  1. I will lose everything that I own.
    This is a common misconception that keeps people from filing bankruptcy when they really need it. Florida's bankruptcy exemptions are quite favorable for Florida residents; for example, some exemptions protect assets such as your home, money in qualified retirement plans, household goods and clothing.
  2. I'll never be able to get credit again.
    This couldn't be further from the truth. It will not be long before you start getting credit card offers; however, they will be from subprime lenders with higher interest rates. It is best to shop credit card offers online and to only charge a little on your cards and pay the balance off every month.
  3. I can discharge all debts in a Chapter 7.
    Don't we wish! Certain types of debts can be wiped out in a Chapter 7, but not all debts. Such debts include child support, alimony, student loans, victim restitution, debts incurred as a result as fraud, and recent taxes.
  4. Bankruptcy is for over spenders.
    Contrary to popular belief, most people who file for bankruptcy in Miami do so after a life-changing event such as a job loss, a divorce, an accident, or an illness in the family. Such debtors have struggled with their bills for months and have continued to fall further behind.
  5. People can max out their credit cards, file for bankruptcy, and never have to pay for the merchandise.
    This is called fraud and bankruptcy judges are not nice about it.

Dealing with Creditors Once You File Bankruptcy

When you file your bankruptcy case, the Automatic Stay under the United States Bankruptcy Code halts nearly all creditors from attempting to collect their debt as listed in your bankruptcy schedules. The Automatic Stay begins the moment your bankruptcy case is filed. If you schedule a creditor or are involved in litigation and collection attempts continue with harassing phone calls and letters, Orshan, P.A. will assist you in putting a stop to unlawful collection attempts during your bankruptcy case.

Conveniently Located In Miami!

Hire our dedicated and experienced law firm today to assist you with your bankruptcy case! With Orshan, P.A. on your side, you can be confident. Contact us today for more information.

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