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9500 S. Dadeland Blvd., Suite 610
Miami, FL 33156
Phone: 786-766-7247
Fax: 305-670-3951
jamesapoe@bellsouth.net

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422 Fleming St.
Key West, FL 33040
Phone: 786-766-7247

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Expert Legal
Assistance in
Florida
Bankruptcy Courts

Bankruptcy Help

Personal And Business Bankruptcy

Q: What is bankruptcy?

 

A: Individuals who are on the verge of financial ruin may seek protection through federal bankruptcy laws available throughout the United States. If you are having problems paying bills or being threatened by creditors with lawsuits, wage garnishment, or property seizement, bankruptcy may offer a solution.

 

Q. I heard the bankruptcy laws changed recently; can I still file a Bankruptcy case?

A: Congress passed a new set of bankruptcy laws ("bankruptcy abuse prevention and consumer protection act") more commonly referred to as BAPCPA which resulted from many years of intense lobbying by banks, financial institutions, and credit card companies. These new laws were passed and signed into law by President Bush effective on October 17, 2005.

Contrary to popular belief and erroneous news coverage, the new bankruptcy laws did not eliminate bankruptcy or change many of the protections for debtors that rumors have stated. With the assistance of an experienced bankruptcy attorney, an individual or corporation can still avail themselves of the same protections as under the old bankruptcy laws. In some cases the new laws are even more advantageous. There are just a few more hoops to jump through and more documentation required.

Q: What are my alternatives?

A: Individuals may choose several different types of bankruptcy. The choice of a particular chapter will depend upon the financial circumstances of the debtor, the amount and nature of the debts to be dealt with in the bankruptcy, the exemptions available, and the types of assets owned by the debtor

Q. Will all my debts be discharged?

A: A debtor cannot discharge certain debts including most taxes, student loans, alimony and child support, debts incurred through fraud or theft, and certain other types of non-dischargeable debt.

 
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