Free, Condifential Consulatuions, Bankruptcy Law

Memberships:
• Lee County Bar Association

• National Association of 
  Consumer Bankruptcy
  Attorneys NACBA 

. Federal Bar for the Middle
  District of Florida 

Service Areas:
Charlotte County, Collier County, Glades County, Hendry County, Lee County 

Hours of Operation: 
Monday – Friday, 
9:00 a.m. – 5:00 p.m.
    
Weekend and Evening Appointments Available

Where to Find Us
Our bankruptcy law office is conveniently located west of the Sam's Club™ Plaza off Boy Scout Road. Visit us today for a free initial confidential consultation.

SEEKING SOLUTIONS TO FINANCIAL FREEDOM
Call Us in Fort Myers, Florida, at (239) 931-1111 for Legal Help with a Personal Touch

Chapter 7 and Chapter 13 Bankruptcy Assistance

Trust the attorneys at Cohen & Kendziorra, PA, to provide you and your family with dependable bankruptcy assistance. We want to help you solve your financial troubles quickly and affordably. Contact us today to arrange a free consultation.
What is Bankruptcy?
Bankruptcy is debt relief provided under federal law to stop all debt collections against you until it can be determined what debts are discharged or "eliminated" under the law and what debts are not.  Cohen & Kendziorra, P.A. believes bankruptcy can be a powerful (Ordered by the Bankruptcy Court) financial planning tool and if used properly can put you on the road to financial freedom and a debt- free life.

Different Types of Bankruptcy

There are Four Types of Bankruptcy Protection Provided Under Federal Law:

  1. Chapter 7 is known as a "straight" or "liquidation" bankruptcy requires a debtor to surrender assets or property that exceeds certain limits provided under Florida law that are called exemptions. The proceeds of liquidated assets are then used to pay creditors.
      
  2. Chapter 11 is used by businesses and a few individual debtors who have debts that are very large to reorganize their debts.
      
  3. Chapter 12 is reserved for family farmers and fisherman.
     
  4. Chapter 13 is called debt adjustment that allows debtors to file a plan with the court to pay over 3 or 5-year period all secured debts if retained and a portion of unsecured debt provided there is income available to do so.   Whether a debtor qualifies for a Chapter 7 or 13 will also be based on the median income for a family the size of your household in your state.

Researching Bankruptcy Law, Chapter 13 BankruptcyChapter 7 Bankruptcy
Chapter 7 bankruptcy is a petition filed with the Court to wipe out or discharge your debts in exchange for you giving up property that is not exempt (property the law allows you to keep) or exceeds your allowable exemptions. In most cases, all your property will be exempt. If you want to keep property like a car or home that is secured by a creditor and you are behind in your payments, then a Chapter 7 case will not be the right choice for you. You must be current with your secured creditors on property you want to keep otherwise these creditors are entitled to take your property to cover the debt.

Chapter 13 Bankruptcy
Chapter 13 bankruptcy is also called reorganization. It allows you to file a plan with the Court to pay off over a 3 or 5 year period some of your past due and current debts. The most important thing about Chapter 13 is that it allows you to keep all your secured property and nonexempt property provided you can make the monthly payments into the plan which may or may not include payments into the plan for unsecured debt.  You should consider filing Chapter 13 if you own your home and are in danger of losing it in foreclosure, are behind on debt payments but can catch up if given time, have valuable property which is not exempt and you have sufficient income to pay your creditors in the plan and still have enough income to pay for your living expenses.

What Bankruptcy can do For You
Bankruptcy can make it possible to eliminate most or all of your debts.  Bankruptcy can make it possible to stop foreclosures on your home or mobile home and allow you time to catch up on missed payments.  Bankruptcy can make it possible to prevent repossession of a car or other property.  Bankruptcy can make it possible to stop wage garnishment, debt collection harassment and other similar collection efforts.  Bankruptcy can prevent termination of utility service and restore service that has been disconnected.  Bankruptcy can make it possible for a fresh start.

Lawyers Discussing a Case, Chapter 13 BankruptcyOur Process
During your initial free consultation we will explain the differences between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy and the bankruptcy process.  We will explore your unique circumstances and together we can decide whether filing for bankruptcy is a good choice for you. 

It is our philosophy to provide you with prompt legal service, personal attention, and the respect you deserve.  Call or e-mail us today for an appointment.

Contact us in Fort Myers, Florida, at (239) 931-1111 to determine if bankruptcy is right for you.