Best Foreclosure Lawyers in Boynton Beach, FL

The filing of the bankruptcy prohibits creditors from continuing to call and harass you. Any creditor that has knowledge of the bankruptcy filing and continues its collection efforts by way of telephone calls, lawsuits or garnishments violates the law and you can bring a lawsuit against such a creditor.

The bankruptcy code which is governed by federal law does not allow a bankruptcy trustee to take your retirement (401k, Roth IRA, IRA). State law differs as to the protection given to retirement plans. It is imperative that prior to filing bankruptcy an attorney reviews your retirement to ensure its safety.

There are certain debts that survive the bankruptcy. These are but not limited to student loans, IRS income tax less than three (3) years old, alimony, child support and certain debt related to a marital settlement agreement.

States treat cars and homes differently. In Florida if you own your car outright and you own a home, you only have up to a $1,000.00 of protection for one car. For example, if your car is worth $5,000.00 a bankruptcy trustee could force a sale of the car and give you the first $1,000.00 while the balance goes to pay the trustees fees and your creditors. In regards to your home, if it was acquired more than 1215 days prior to the filing it is completely safe from the bankruptcy court. All you need to do is continue to pay the mortgage if there is one. If you acquired your home less than 1215 days prior to the filing of bankruptcy than you are limited in the amount of equity you can have before a bankruptcy court can order a sale of your home to pay creditors. Thus, it is imperative that you speak with an attorney prior to filing for bankruptcy.

Yes, if you file a case prior to a repossession of your vehicle. A Chapter 13 bankruptcy stops a repossession and can provide a couple of options through a three to five year repayment plan. A first option is if you have owned your car for more than 910 days you may be able to reduce the amount owed and interest rate pursuant to your loan document with the creditor. If you have owned your car for less than 910 days than you would have to pay the entire loan. In this case you still may be able to reduce the interest rate on your loan. If you are facing a repossession, speak to an attorney immediately.