Can bankruptcy save a company?

Yes. Chapter 11 bankruptcy can allow a company to restructure debt and continue operating while paying creditors over time.

What's the difference between Chapter 11 and Chapter 7?

Chapter 11 is a reorganization process. Chapter 7 generally involves liquidation of assets to repay creditors and may lead to business closure.

What happens when a business files for bankruptcy?

The business receives bankruptcy court protection, collection efforts are halted by the automatic stay, and the business works through the court process to address its debts.

Can I start another business if I file bankruptcy?

Yes. Filing bankruptcy does not prevent someone from starting another business, though obtaining new credit may be more difficult in the short term.

How much is a bankruptcy lawyer in Florida?

The cost varies based on case complexity, bankruptcy type, and attorney experience.

Can I file for bankruptcy myself in Florida?

A person can file pro se, but bankruptcy is complex and mistakes can put assets or the case outcome at risk.

How much debt do you have to have to file bankruptcy in Florida?

Florida has no minimum debt amount required to file bankruptcy, though other debt relief options may be better for smaller debt amounts.

What is the income limit for Chapter 7 in Florida?

Chapter 7 eligibility depends on Florida median income, household size, and the Means Test.

How do you qualify for bankruptcy in Florida?

Qualification depends on income, type and amount of debt, and ability to repay debts.

How long does it take to file for bankruptcy in Florida?

A Chapter 7 case often takes about 4 to 6 months from filing to discharge, while a Chapter 13 plan usually lasts 3 to 5 years.

What does it mean to have legal representation as a creditor in a bankruptcy case?

An attorney can help a creditor file a proof of claim, object to discharge or reorganization plans, seek relief from the automatic stay, and pursue recovery.

What is a proof of claim, and do I need an attorney to file one?

A proof of claim is the formal document registering what a debtor owes in bankruptcy. An attorney can help prevent filing mistakes that may reduce or disallow the claim.

I received a preference or fraudulent transfer lawsuit from a bankruptcy trustee, what do I do?

Preference and avoidance actions seek to claw back payments made before bankruptcy. Potential defenses can include ordinary course of business and new value defenses.

What happens to our HOA's claim when a homeowner files for bankruptcy?

HOA and condominium claims depend on the bankruptcy type. Some post-petition assessments may receive priority, and associations may seek relief from the automatic stay.

Can I purchase assets from a bankruptcy estate?

Yes. Section 363 bankruptcy sales can allow buyers to acquire assets, real estate, or equipment through a court-approved process.

Personally Guaranteed Business Debt? Don’t Worry – Discharge It in a Personal Chapter 7 Bankruptcy

We consulted with a single woman who rented her home and owned personal property valued at $2,186.41.

Our client’s debt totaled $288,179.42, all of which were unsecured. The majority of the debt was comprised of business credit card debt and personal guarantees that she had incurred while owning a business that had recently stopped operating.

Our client was employed. Her monthly expenses ($2,810.67) exceeded her monthly income ($2,206.97) by $603.70. We filed a Chapter 7 bankruptcy case.

Our client owned non-exempt personal property worth $2,186.41, and, since she was entitled to personal property exemptions totaling $5,000.00, all of her personal property was exempt.

Our client was relieved when the trustee filed a report of no distribution. She got to keep 100% of her assets and discharged 100% of her debt!

This case was an excellent example of filing a personal Chapter 7 case to discharge business-related debt.