Miami Bankruptcy Attorney Blog

I spend a lot of time looking at my website data, and one of the most common questions people type into Google is: what is the average price of a bankruptcy attorney in Boca Raton, Florida?  Here is a breakdown of the fees required to pay in a Chapter 7 bankruptcy:

Filing Fee:
The filing fee is mandatory, unless a client gets a waiver (not likely), and is $299.00

Credit Report Fee:
Your attorney will need to run a credit report for you, and the fee varies by credit bureau but you can expect to pay anywhere from $35-50. 

Pre-Filing Course Certificate:
Each debtor, prior to the filing of a bankruptcy, is required to take a budget and credit counseling course.  This course can range anywhere from $30-50, depending on where you take it online. 

Post-Filing Course Certificate:
Each debtor, after the filing of a bankruptcy, is required to take a financial management course.  This course can range anywhere from $15-50, depending on where you take it online. 

Those are the only mandatory fees that a debtor must pay for when filing for Chapter 7 bankruptcy in Boca Raton, Florida.  However an attorney will likely charge you for their time, and usually this is a FLAT FEE.

Attorney Fees:
If you scour the internet, and make numerous phone calls, then you will find the prices for a local Boca Raton bankruptcy attorney to range drastically.   This is likely because attorneys will quote on their website, one price, but then they forget to tell you about the other fees, listed above, or inform you that your case is a lot more complicated than that of a regular case and thus they will need to charge you more.  Prices in Boca Raton range from $1,000 to $3,000, depending on the law firm.

Shmucher Law, PL Fees:
Our website fees are located directly on the main page of the website and are as follows:  For the majority of our cases (individual (not-joint), don’t own a business, one home, and don’t foresee anything exciting in a bankruptcy) then the attorney fee is $1,200 plus $30 credit report plus $299 filing fee for a grand total of $1,530.00 . 

If you are thinking of filing for bankruptcy in South Florida and would like to schedule a free consultation with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.   Shmucher Law, PL has a satellite office in Boca Raton (by appointment only) as well as in other cities including Fort Lauderdale, Miami, Plantation and Sunrise Florida.

Many clients that I see in Florida aren’t originally from the United States, and these clients may or may not have foreign assets in their home country.  One of the questions I get asked a lot is whether or not a debtor needs to list any of their assets they own, that are NOT in the United States.  This could include foreign bank accounts, foreign businesses or even foreign real estate holdings.   The answer to that question is YES, a debtor must list all their assets whether or not they are owned within the United States or not.  When a debtor files for bankruptcy they sign under oath that the information in the bankruptcy petition is true and correct and lists all the debtor’s assets.  If a debtor fails to list an asset and the bankruptcy trustee finds out about it then 1) the debtor could lose their bankruptcy discharge or 2) the debtor could be sent to jail for attempting to commit bankruptcy fraud.

If you are thinking of filing for bankruptcy and would like to schedule a free consultation with a local Florida bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL.  We offer free consultations in our main Miami office as well as any of our satellite offices (by appointment) including Boca Raton, Fort Lauderdale, Plantation, and Sunrise Florida.

Yes, having a criminal record will not prohibit a debtor from filing for bankruptcy in Florida.  In most cases no one will know of your criminal record unless some of your debts are restitution debts (non-dischargeable).  Bankruptcy is available for any individual who is looking to get a fresh start.

If you are thinking of filing for bankruptcy in South Florida and would like to schedule a free consultation with a local bankruptcy attorney then please contact Shmucher Law, PL  by calling 305.741.5553 or 954.309.5559.  We offer free consultations in our Miami office and any of our satellite locations (by appointment) including Boca Raton, Fort Lauderdale, Plantation, and Sunrise Florida.

I spend a lot of time looking at my website data, and one of the most common questions people type into Google is: what is the average price of a bankruptcy attorney in Miami, Florida?  Here is a breakdown of the fees required to pay in a Chapter 7 bankruptcy:

Filing Fee:
The filing fee is mandatory, unless a client gets a waiver (not likely), and is $299.00

Credit Report Fee:
Your attorney will need to run a credit report for you, and the fee varies by credit bureau but you can expect to pay anywhere from $35-50.

Pre-Filing Course Certificate:
Each debtor, prior to the filing of a bankruptcy, is required to take a budget and credit counseling course.  This course can range anywhere from $30-50, depending on where you take it online.

Post-Filing Course Certificate:
Each debtor, after the filing of a bankruptcy, is required to take a financial management course.  This course can range anywhere from $15-50, depending on where you take it online.

Those are the only mandatory fees that a debtor must pay for when filing for Chapter 7 bankruptcy in Miami, Florida.  However an attorney will likely charge you for their time, and usually this is a FLAT FEE.

Attorney Fees:
If you scour the internet, and make numerous phone calls, then you will find the prices for a local Miami bankruptcy attorney to range drastically.   This is likely because attorneys will quote on their website, one price, but then they forget to tell you about the other fees, listed above, or inform you that your case is a lot more complicated than that of a regular case and thus they will need to charge you more.  Prices in Miami range from $1,000 to $3,000, depending on the law firm.

Shmucher Law, PL Fees:
Our website fees are located directly on the main page of the website and are as follows:  For the majority of our cases (individual (not-joint), don’t own a business, one home, and don’t foresee anything exciting in a bankruptcy) then the attorney fee is $1,200 plus $30 credit report plus $299 filing fee for a grand total of $1,530.00 .

If you are thinking of filing for bankruptcy in South Florida and would like to schedule a free consultation with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.  We offer free consultations in any of our office locations including Boca Raton, Fort Lauderdale, Miami, Plantation and Sunrise Florida.

Some of my clients have recently asked me if they can include their 401k loans into the bankruptcy. Typically clients dip into their 401k as a last resort, in an attempt to pay off debts they owe, but they fail to realize the consequences of doing so. Unfortunately the filing of a bankruptcy, whether chapter 7 or chapter 13, in Florida will have no affect on your 401k loan and you will still be required to pay for them.

If you are thinking of filing for bankruptcy in South Florida and would like to schedule a free consultation with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559. We offer free consultation in any of our office locations including Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

I recently had a client ask me the following question:  Does it matter if you are working or not if you want to file for Chapter 7 bankruptcy?  In his case my client was unemployed, for an extended period of time, and he wasn’t sure if you could file for bankruptcy while unemployed.   The answer to his question is YES, your current employment status has no bearing on whether or not you can file for Chapter 7 bankruptcy in Florida.  Furthermore if you are receiving any unemployment checks from the government, the filing of the bankruptcy will not affect those payments.

If you are thinking of filing for Chapter in South Florida and would like to speak with a bankruptcy attorney then contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.  We offer free consultations in any of our office locations including Boca Raton, Fort Lauderdale, Miami, Plantation and Sunrise Florida.

Clients come see me in my Miami or Fort Lauderdale bankruptcy offices and they easily qualify for Chapter 7 bankruptcy in Florida, however they have assets, and their assets are not going to be fully protected in a Chapter 7 filing.  The clients don’t qualify for the Chapter 13 bankruptcy and so they ask me the following question:  “What happens if I file Chapter 7 bankruptcy in Florida and I am over the allowed exemptions?”

Here are some possible answers/suggestions to the question above:

Surrender the over-exempted assets:

Your first option and probably the easiest option would be to surrender your over-exempted property to the bankruptcy estate.    This may be surrendering your car, jewelry, liquidating a bank or a stock investment account, or turning over any asset you may have.  While this sounds like a bad idea, and my clients tell me they read online that “they can keep all their assets,” from a business stand point this makes perfect sense.   If you think about it, in your bankruptcy you are wiping out thousands, tens of thousands, even hundreds of thousands of dollars worth of debt, and in exchange you may need to give up an asset worth a fraction of the amount that you owe.

Buy Back the over-exempted asset:

Some trustees will give the debtor the option to buy back the items that are not exempted.   This is a win-win for both parties because the trustee doesn’t have to hire someone to sell the item and the buyer can just pay the amount they are over-exempted by and keep their belongings.    While some trustees will allow the debtors to enter into a payment plan to keep the over-exempted belongings (payment plans can range for one to six months), I must stress that the bankruptcy trustees are not “IN THE COLLECTIONS BUSINESS.”  The trustee has the right to do whatever he or she wants, including not allowing you to enter in a payment plan and giving you the option to pay by the end of the week or they will sell the item.  If you are thinking of buying back your over-exempted assets I suggest you call a family member or a friend and ask them if they will be willing to help you out if the trustee will not enter into a payment plan with you.

If you are thinking of filing in South Florida and would like to schedule a free consultation with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.  Consultations can take place in our Miami office or any of our satellite offices (by appointment) including Boca Raton, Fort Lauderdale, and Sunrise Florida.

People often do research on bankruptcy online, and some of the information they find out is entirely incorrect.  One of my favorites is when a client tells me that they read online that the bankruptcy court will NOT take your car away if it is your only mode of transportation.   What they are reading is ENTIRELY UNTRUE.   The fact that your vehicle is your only mode of transportation makes no difference as to whether or not you will be able to keep your car if you file for bankruptcy.  There are only three things that matter, regarding your car,

1. The value of the car – Use Kelly Blue Book (Private Party) or NADA Private Party
2. The amount of equity you have an a car -  Subtract the value of the car in number one by the amount you owe on the car.  If it’s positive you have equity, if it’s negative then there is no equity.
3. Your available Florida Exemptions to protect any equity in a car.

Florida Exemptions

Own a Home and Keeping it

Under Florida Law a debtor who owns a home and is keeping the home is entitled to exempt $1,000 in anything they want and an additional $1,000 in a vehicle.

Own a Home and Surrendering it or Rent a Home

Under Florida Law a debtor who owns a home but surrenders it in bankruptcy or a debtor who rents can exempt $5,000 in anything they want and $1,000 in a vehicle.  The debtor can use the $5,000 to protect the vehicle.

So if you own a car and you have excessive equity (ie you own the car outright) and can’t exempt all of the equity in the car, then you are left with TWO choices:  Either pay the difference or Surrender the car to the bankruptcy.

If any attorney tells you that they won’t take your car away BECAUSE IT IS YOUR ONLY CAR…. I suggest you run away, because your attorney is telling you false information.

If you are thinking if filing for bankruptcy and would like to schedule a free consultation with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.  Shmucher Law, PL offers free consultations in any of our Bankruptcy office locations including Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

With a high unemployment rate in the state of Florida, many residents are having a fairly difficult time landing jobs.   These residents, without jobs, are likely also to be the same residents who have debt issues.   At least once a week I have a potential client ask me the following question:  I am currently unemployed and applying for jobs, will the filing of my bankruptcy hurt my chances of gaining employment?

Unfortunately, if you are APPLYING for a job in the PRIVATE SECTOR (non-government), then the address is Yes.  If you are applying for a job in the private sector, the employer has the right to discriminate you based on your credit/bankruptcy history.   Whether or not the employer runs a credit check on you and discriminates against you, because of your bankruptcy filing, is only determined on a case by case basis.  More likely than not, jobs in the financial sector or any job requiring entrustment with monies will likely run a background check on the potential employee.

The Bankruptcy Code has an anti-discrimination policy and it applies to government entities and current employers only.   The Bankruptcy Code’s anti-discrimination provision does not prohibit a private employer from denying employment to an individual on the ground that he is or has been in bankruptcy

If you are thinking of filing for bankruptcy in South Florida and you would like to schedule a free consultation with a local bankruptcy attorney, then contact Ofer Shmucher at Shmucher Law, PL by calling 954.309.5559 or 305.741.5553.  Shmucher Law, PL offers free consultations in any of the following office locations Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

When my clients come see me, the first thing they ask is what is the timeline if I file for Chapter 7 bankruptcy in Florida.  Below is a rough timeline for individuals who file for Chapter 7 bankruptcy using my firms services.

1.         Schedule an appointment with my office.  This can be done by calling 954.309.5559 or 305.741.5553.  We offer FREE consultations and can meet you in several offices located throughout South Florida.  Our appointment availabilities range from M-F between 8am-7pm, and weekend appointments on a case by case basis.

2.         Prepare documentation and all the questions you may have prior to your initial consultation.  Documentation should include paystubs, tax returns, bank statements, asset information, vehicle information, and or copies of debts.  Write down your current monthly expenses (rent, food, insurance, gas, medicine, cell phones, etc.).   Write down any questions you want to ask during the free consultation.

3.         Come in for your free consultation and sit down with me to review your needs.  If we determine that you are a good candidate for Chapter 7 bankruptcy then we will begin by reviewing your monthly expenses and inputting them into your bankruptcy schedules.  We will also run your credit report and answer all questions you may have.

4.         After leaving the office you will need to review your credit report and your monthly expenses and let me know if there are any changes that need to be made.  If not, wait until I call you to come in and review your bankruptcy petition.

5.         Take the Pre-Filing bankruptcy Course found at www.startfresh.com (use attorney code OS6220).

6.         Come back into my office to review your bankruptcy petition, make any necessary changes, pay for the legal services, and FILE YOUR CASE.  We will file your case right on the spot, give you your case number, as well as the date for the meeting of the creditors.

7.         Once you are a debtor all harassing phone calls will cease and now you will wait for your meeting of the creditors.  If you receive any creditor phone calls, pick up the phone and give them your case number.

8.         Provide my office with any additional documents  that are required for the meeting of the creditors.

9.         A day or so before the meeting of the creditors I will either ask you to come into the office or schedule a phone conversation with you.  During this consultation I will prepare you for the meeting of the creditors.

10.       Attend the first meeting of the creditors and be prepared to spend three to five minutes answering questions regarding your bankruptcy petition, assets, and debts.  Make sure to bring a VALID DRIVERS LICENSE as well as a SOCIAL SECURITY card to the meeting of the creditors or your case will get rescheduled.  Complete your meeting of the creditors and walk away.

11.       Wait, you must now wait for an additional 60 days, hoping that no creditor will file any action in your case (not likely).

12.       Once the 60 day period is over you should be receiving a telephone call from me telling you that you got your bankruptcy discharge and that you should expect it in the mail within a few days.

13.       Your bankruptcy case should automatically close about two weeks after you get your discharge.

14.       Live happily ever after.

If you are thinking of filing for bankruptcy in South Florida and would like to be represented by a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.  We offer free consultations in any of our office locations including Boca Raton, Fort Lauderdale, Miami, and Plantation Florida.