Fort Lauderdale Chapter 7 Bankruptcy Lawyer David Langley
A Chapter 7 liquidation proceeding is available to individuals, partnerships, and corporations.
For individuals filing Chapter 7, most debts, including some tax obligations, are discharged (see discussion below). Some debts, including recent tax obligations, trust fund obligations, child support and alimony generally cannot be discharged. Other debts may not be discharged if the creditor can prove improper conduct on the part of the debtor. A creditor can be held in contempt and required to pay damages for attempting to collect a debt discharged in bankruptcy.
Bankruptcy Made as Painless as Possible
A Chapter 7 bankruptcy proceeding is available to individuals, partnerships, and corporations. It allows you to discharge most or all debts and obtain a fresh start. We work with our clients to make the process as painless and worry free as possible. We meet with clients in the office or by Zoom, whatever is more convenient. The information required to complete your bankruptcy can be exchanged by email or fax. We can now take you completely through a bankruptcy proceeding without you having to leave your home.
What to Expect
The debtor is allowed to keep exempt assets. For individuals filing bankruptcy in Florida, the exemptions are primarily determined by Florida law. They include the debtor’s homestead, (subject to a cap of $170,350.00 in equity if owned less than 1215 days), a debtor’s interest, not to exceed $1,000.00 in a single motor vehicle, a debtor’s interest in any professionally prescribed health aids, monies paid into the Prepaid Post-Secondary Education Expense Trust Fund, and $1,000.00 per individual in miscellaneous personal property.
Individuals not claiming a homestead as exempt can claim an additional $4,000.00 of any type of personal property as exempt. Certain other assets such as the cash surrender value of life insurance policies, annuity contracts, IRA’s and pension plans may be exempt also. All non-exempt assets must be turned over to the Trustee for liquidation and distribution to creditors.
We have been handling bankruptcy cases in the Broward County area for over 30 years. David Langley has been featured in the media as one of the best bankruptcy attorneys in Fort Lauderdale. Call us if you would like a free consultation.
What you may discharge
For individuals filing Chapter 7 bankruptcy, most debts, including some tax obligations, are discharged. Some debts, including recent tax obligations, trust fund obligations, child support and alimony generally cannot be discharged.
Other debts may not be discharged if the creditor can prove improper conduct on the part of the debtor. Obligations based on fraud, false financial information or breach of fiduciary duty may be challenged by the creditor. We have experience with these types of challenges. Credit card usage within 90 days of filing and excessive usage within the year leading up to filing may also be challenged. For more information see our Bankruptcy Facts page.
We handle discharge challenges and all types of adversary proceedings. Our offices are located in Plantation, Broward County, Florida.
Most individuals are unaware that they may be able to discharge some or all of their older income tax obligations. See our discussion of Dischargeability of taxes. The filing of a bankruptcy stays all IRS collection proceedings until the entry of a discharge or dismissal of the case. Tax discharges generally require the filing of an Adversary Proceeding to determine what taxes may be discharged. We have handled many such discharge proceedings. Call our Fort Lauderdale Chapter 7 bankruptcy attorney if you would like a free consultation on your tax issues at 954-356-0450.