Best Bankruptcy Lawyers in Cape Coral, FL

Once you submit the required paperwork to the bankruptcy court, the court issues an automatic stay. This is like a restraining order against your creditors and prevents them from contacting you to recover money, seize your property or place liens on your home. We have seen the relief that clients experience when they are no longer bothered by creditors.

Many homeowners have seen a substantial decrease in the value of their homes. If this is the case, you may have a first mortgage in which you owe more than the home is worth. Even though you owe more on the first mortgage, you also have payments owed on a second or third mortgage. By filing Chapter 13 bankruptcy, you may be able to get rid of your second or third mortgage payment or home equity line and never have to repay it.

Yes. Most of our clients receive pre-approved credit applications in the mail shortly after their bankruptcy is discharged. However, you will probably have to pay higher interest rates.

Not everything can be discharged in bankruptcy. You may not be able to discharge student loans, back child support or certain taxes. Debts such as these and others may have to be repaid. Our lawyers can tell you what part, if any, of your debt is non-dischargeable.

Chapter 13 bankruptcy is a repayment plan for individuals and sole proprietorships who have regular incomes. In Chapter 13, you must propose in good faith to pay back all or part of your debts from future income over a period of time. If the court approves the plan of payment and all of the payments are made, the debts are settled in this manner, even if your creditors are not willing to go along with the plan. If you make the payments as required, you will not have to surrender your property to a trustee and you can keep everything that you own. Chapter 13 can only be used by an individual and only if your debts do not exceed certain limits.