Bankruptcy Attorney in Winter Haven, Florida
Experienced Counsel in Chapter 7 and Chapter 13 Proceedings
If you have been struggling to meet your obligations and have decided that filing for bankruptcy is your best course of action, you want an experienced lawyer to walk you through the process. A knowledgeable attorney will quickly evaluate your situation and identify your options, so that you can make informed decisions.
At the office of Rodney Durrance, Jr., Attorney at Law, I bring almost 40 years of experience to clients throughout Polk County and Hillsborough County. I have a comprehensive knowledge and understanding of the laws and procedures governing personal bankruptcy and am well-versed in the provisions of the new bankruptcy law. I know that legal issues can have an emotional impact and provide compassionate representation that is forceful when necessary to protect your interests. Contact my office to schedule an initial consultation.
I focus my practice on the needs of debtors in Chapter 7 and Chapter 13 bankruptcy proceedings. In a Chapter 7 bankruptcy, you are allowed to discharge certain debts in exchange for the liquidation or sale of some of your assets. Certain debts, such as student loans, child support arrearages and some tax obligations, cannot be discharged in bankruptcy. Likewise, some of your assets, including your primary residence and motor vehicle, may be exempt from sale.
Under the new bankruptcy law, enacted in 2005, you must now qualify to file for protection under Chapter 7 by submitting to a means test. The bankruptcy court will review your earning capacity to determine whether you can pay back your creditors over an extended period of time. If the court determines you cannot, you will be allowed to discharge your debts under Chapter 7. If the court concludes that you can pay back all debts, your only option in bankruptcy will be under Chapter 13.
In a Chapter 13 proceeding, you agree to pay most of your creditors a portion of their debt over a period of 3 to 5 years. If you make all your payments in a timely manner, your debts will be discharged.
When you hire me to handle your bankruptcy, I will conduct a means test to determine whether you should file for liquidation under Chapter 7. If you qualify, I will work closely with you to make certain that you discharge all debts that qualify and that you take all the exemptions you are allowed. If your only option is under Chapter 13, I will review any proposed payment agreements to ensure that they are within your means. If you make promises in a Chapter 13 proceeding and fail to keep them, you may lose all the protections of the bankruptcy law.