Serving Jacksonville, Jacksonville Beach and Clients throughout Northeast Florida
The current and persistent condition of the economy has affected thousands of Americans across the country. In Florida, one of the hardest-hit states, residents are struggling to pay their bills and get out from their underwater homes.
Whether you lost your job, took a hit on your investments, or you are stuck in a home you can no longer afford with an interest rate that is all over the map, you may need to file for bankruptcy to get relief.
Bankruptcy Attorneys in Jacksonville, Florida, at Hardesty, Tyde, Green & Ashton, P.A. provide consumer bankruptcy services to those who need it. We give you the opportunity for a debt-free fresh start so that you can relieve the financial stress you are facing today.
What is Bankruptcy?
Bankruptcy is a legal process that allows individuals to get financial relief from their debts. The purpose of bankruptcy is to give a consumer a fresh financial start while still being fair to creditors.
There are a lot of misconceptions about bankruptcy, which is why it is important you speak to a Jacksonville bankruptcy attorney before deciding it is right for you.
There are also some debts that cannot be discharged in bankruptcy, including:
- Child support payments
- Some student loans
- Some tax debts
Filing for Bankruptcy: Is Bankruptcy the Right Choice for You?
Filing bankruptcy is not right for everyone, which is why you need to sit down for a free consultation with an attorney. If you are being harassed by creditors and are looking for relief, then you may find it in bankruptcy, if you qualify. Some ways to tell if bankruptcy is the right choice for you can include:
- You have creditors harassing you for payments and you are over your head in debt
- You are using credit cards to pay for everyday essentials – such as groceries or gas for your car
- You are facing a foreclosure on your home
- Your bank account is being garnished for past-due debts
- You are about to lose your car
- You are thinking about taking money from your retirement plan to pay debts or just to survive
If any of these situations are similar to your current financial situation, then you should speak to a bankruptcy attorney.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is often referred to as liquidation bankruptcy. If successful, your debts will be discharged – meaning you do not have to pay on them again. Despite popular belief, your personal property is not sold at an auction or taken away. While some things may be liquidated, your personal property exemptions include:
- Retirement accounts
- Insurance policies
You will no longer have to pay on discharged debts, but there are a lot of debts that cannot be discharged with a Chapter 7 bankruptcy, including some student loans, tax debts, child support and alimony, and legal fines (including traffic tickets).
Chapter 7 bankruptcy is best for those who:
- Have no or limited income each month
- Cannot keep to a strict payment plan due to income issues
- Have mostly exempt property
- How a Jacksonville Bankruptcy Attorney Can Help You
- When is it the Right Time to File Bankruptcy in Florida?
- 5 Bankruptcy Myths and Facts
Do I Need a Jacksonville Bankruptcy Attorney?
When you are considering bankruptcy, you’re already in a dire financial situation. Money is tight and you may think that filing for bankruptcy on your own will save you money. After all, if you have no money, how can you afford an attorney?
While you may think you don’t need an attorney, there is a reason people use a local bankruptcy lawyer. They are there to help, ensure your bankruptcy is successful, and counsel you on your rights. If you are considering going at bankruptcy alone, consider this:
Attorneys Protect You From Creditor Harassment – While you are given an automatic stay during a bankruptcy case, that doesn’t mean creditors will adhere to that or stop harassing you. With legal counsel on your side, the creditors will be less likely to contact you or harass you, and if they do, you have an attorney to stop those calls.
Protection From the Unknown – There is a lot of unknowns in a bankruptcy case. From dealing with trustees to the judges to the endless paperwork. As a consumer, you don’t deal with the process every day, but an attorney does. An attorney can ensure you’re on schedule, not missing deadlines, and that there is nothing that will surprise you in your case.
No Mistake Risks – Consumers who file bankruptcy on their own often find they face significant delays because of paperwork mistakes. These errors, even if they are minor, could delay your case for months, leaving you to deal with creditors and debts even longer.
Representations Against Creditors – In a Chapter 7 bankruptcy, your creditors have the right to show up to court and represent their case. Your bankruptcy attorneys will be there to protect you from those creditors’ attorneys and ensure your case gets pushed through regardless of their arguments. Attorneys can also fight against creditors that do not have a legal right to collect a debt, such as those who are trying to collect past the statute of limitations.
Will I Ever Have Credit Again?
There is a common misconception out there that after you file for bankruptcy, your credit will be ruined forever. The fact of the matter is if you are considering bankruptcy, your credit is most likely already poor. But after bankruptcy, most consumers recover their credit within a few years. Some even start in a few months.
Get Started on Your Bankruptcy Today – Meet with Bankruptcy Attorneys in Jacksonville
If you are in over your head in debts, contact the Personal Bankruptcy Attorneys in Jacksonville at Hardesty, Tyde, Green & Ashton P.A. We can assist you with your bankruptcy case. We will meet with you for free during an initial case evaluation and tell you right away if you are a candidate.
Call us at 904-414-4906 to get started.
Contact a Personal Bankruptcy Attorney in Jacksonville Today
4004 Atlantic Boulevard
Jacksonville, FL 32207
320 1st St N Suite 703
Jacksonville Beach, FL 32250
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What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)