Boynton Beach Florida Bankruptcy & Debt Defense Lawyer

Are you being harassed by debt collectors?

Are your rights being violated?

You may be entitled to cash settlements at no cost or legal fees.  You may be able to turn the table on the debt collectors.  

It is not uncommon for debt collectors to be in violation of both Federal and State laws when they contact you in an attempt to collect a debt.   According to the FDCPA, debt collectors must follow specific rules when contacting you.  For example, debt collectors are not permitted to do any of the following when contacting you:

  • Call you early in the morning or late at night
  • Call you multiple times a day
  • Continue to contact you after they have been told you are represented by an attorney
  • Call you at work after they were told they could not by your employer
  • Use obscene language or curse at you when talking with you
  • Threaten you, your family, your friends or your property in any manner
  • Threaten to lie or use false information to make you look bad
  • Not identify themselves as debt collectors when they first talk to you
  • Send collections letters that do not follow the guidelines for the FDCPA

If you are currently receiving calls from debt collectors, we recommend that you keep a call log.  A call log can be an invaluable tool in your case against the harassing debt collectors.  Also, we recommend that you save all your written communications with the debt collectors.

If you have experienced any of these practices or feel that you may have been the victim of any unfair collection practice, please do not hesitate to contact us. 

Again, there are no fees or costs to you.  Our fees are collected from the debt collectors if we win your case.

Please call for a free consultation

Florida Chapter 7 Bankruptcy

Filing Chapter 7 bankruptcy allows you to obtain a discharge of debts such as credit card bills, lawsuit judgments, payday loans and hospital bills.

Under the new bankruptcy laws, you must first pass a means test to file Chapter 7 bankruptcy. If your current monthly income is below the Florida adjusted median income, you can file Chapter 7 bankruptcy. However, even if your income is above the Florida adjusted median income, you may still be able to file after expenses such as car payments and retirement plan contributions are deducted from your income. Our lawyers have helped many people file Chapter 7 bankruptcy.

If you don't qualify for Chapter 7 bankruptcy, you may still be able to obtain the debt relief you need by filing Chapter 13 bankruptcy.

There are certain debts that cannot be discharged by bankruptcy, including child support, taxes and debts that are secured by property, such as your home and your car. However, you can keep these assets by making payments and filing a reaffirmation agreement with the court.

Will I lose any assets by filing Chapter 7 bankruptcy?

Chapter 7 is sometimes referred to as "liquidation" bankruptcy because the bankruptcy trustee can seize assets to pay your debts. However, certain property is exempt from seizure in Florida. Exempt property includes all equity in your home, up to $1,000 of equity in your car, and up to $1,000 in other personal property ($4,000 if you do not claim the Florida homestead exemption).

Florida Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a debt repayment plan. When you file for Chapter 13 bankruptcy, you and your lawyer create a plan to pay off a percentage of your debts over a three- to five-year period.   Our firm currently does not file Chapter 13 Bankruptcies, but can refer you to another firm that handles such filings.

Also servicing surrounding counties including Broward, Palm Beach, Martin and St. Lucie

 

 

 

 

 

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Law offices of Robert D. Schwartz, P.A., offers a free initial consultation in the practice areas listed on this site.

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