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Debt Relief is Possible

Jacksonville Chapter 7 Bankruptcy Attorneys

Let Us Help You Achieve a Fresh Start

Are you struggling to make ends meet? Do you wish you could start over with a clean slate? If so, it may be time to consider filing for Chapter 7 bankruptcy.

When our clients emerge from Chapter 7 bankruptcy, their debt is completely discharged, and their previous creditors no longer have any claim against them. This is why Chapter 7 bankruptcy is referred to as a “fresh start” bankruptcy.

When you work with a Jacksonville Chapter 7 lawyer at Owenby Law, P.A., we will start your case with a complete financial assessment. During this assessment, we will look at the type and amount of debt you owe, how far in arrears you are with creditors, and your ability to repay your debt obligations. If we determine that you are a good candidate, we will work quickly to get the process started.

Contact our team at Owenby Law, P.A. today to arrange your free, initial, no-risk consultation: (904) 770-3141.

Do You Qualify for Chapter 7 Bankruptcy?

If you are interested in filing for Chapter 7 bankruptcy, it is important to understand that not everyone will qualify. In order to qualify, you must first take and pass a means test, which will seek to determine whether or not you are able to repay your debts based on your current monthly income and household size.

To put it simply, if your monthly income is below the state median, you would qualify for Chapter 7. If it is above the state median, and you do not qualify for Chapter 7, you would still have the option to file under Chapter 13.

What to Expect During Chapter 7 Bankruptcy

At Owenby Law, P.A., we recognize how intimidating it can be to declare bankruptcy, even with the help of an attorney. This is why we have established guidelines for individuals seeking protection from creditors through Chapter 7 bankruptcy.

The basic steps in Chapter 7 bankruptcy include:

  • Means test – Before filing for Chapter 7 bankruptcy, you will need to determine if you qualify by taking the means test.
  • Credit counseling – You must complete a credit counseling course within six months of filing for bankruptcy, which costs about $50.
  • Filing your petition – You attorney will help you compile all necessary forms and then submit them to the court on your behalf.
  • Automatic stay – Once the court has accepted your bankruptcy petition for review, the judge will issue an automatic stay.
  • Appointment of a trustee – Next, the court will appoint a fiduciary to oversee your Chapter 7 bankruptcy proceeding.
  • Meeting of creditors – A meeting will be scheduled where you will have to answer questions about your finances under oath.
  • Eligibility confirmed – The means test will be applied by the trustee in order to confirm your eligibility for Chapter 7.
  • Property assessment – The trustee will evaluate non-exempt assets. If they are worth liquidating, they will be seized and sold.
  • Secured debts are made whole - Property that is collateral (used to secure a debt) will be returned to the creditor.

Before your case can be closed, you must also take a mandatory financial management course. Proof of completion must be filed with the courts.

You will receive a discharge three to six months after the process begins, the automatic stay will be lifted, and your case will be closed.

The Benefits of an Automatic Stay

Once your Jacksonville Chapter 7 attorney petitions the court, the automatic stay will go into effect. This means that your creditors can no longer pursue you for debt obligations unless they obtain a waiver from the court. Debt collectors would be prohibited from calling you at home or work, and they could not repossess your vehicle or any other property. It would also freeze the foreclosure process.

If you are worried about your car being repossessed or being removed from your home, the automatic stay can give you time to make other arrangements.

What Types of Debt Are Not Dischargeable?

Most types of debts are dischargeable through Chapter 7 bankruptcy. For example, credit card debt, signature loans, non-collateralized debt, and medical bills are all dischargeable. Some debts, however, are not. These include child support, alimony, student loans, some lawsuit judgments, and some types of tax liability.

What Is the 341 Hearing?

The 341 hearing or "the meeting of creditors" is a mandatory session that occurs approximately a month after filing bankruptcy. At this meeting, the trustee will ask you questions regarding your bankruptcy and certain collateral. Creditors may also attend this meeting to ask questions about your debt obligations to them.

Call Owenby Law, P.A. to Get Started

If you are being pursued by creditors or are in danger of foreclosure, you need to take immediate action. Our firm will do everything possible to provide you with the debt relief you need. Owenby Law, P.A. has the experience required to handle all kinds of bankruptcy cases, and we offer payment plans to those who qualify.

To speak with a Jacksonville Chapter 7 bankruptcy lawyer, call Owenby Law, P.A. for a free initial consultation.

The Benefits of Hiring Owenby Law, P.A.

  • Free Initial Consultations
  • Successfully Handled Thousands of Cases
  • Backed by Over 18 Years of Experience
  • Personalized, Results-Oriented Representation
  • A Team of Compassionate Advocates On Your Side
  • Flexible Payment Plans Available