Individual Bankruptcy

Are you struggling to pay your bills? Are you afraid to go to the mailbox? Do you get an uneasy feeling when the phone rings? You can protect yourself. Bankruptcy is an option provided by the federal government to give people a financial fresh start. Whether you are struggling to pay the mortgage or have accumulated significant medical or credit card debt, bankruptcy can help you. The federal bankruptcy laws can stop harassment from creditors and debt collection agencies.

With so many Americans out of work, it is not unusual for a person to lose health insurance or rely on credit cards for everyday needs such as groceries and fuel. An uninsured illness or injury can quickly lead to unmanageable medical expenses, and credit card debt multiplies rapidly if you miss payments or cannot afford to make more than the minimum payment. Fortunately, bankruptcy can help you eliminate medical bills and credit card debt, so you can get a fresh financial start. In some cases, you can use bankruptcy to eliminate certain types of IRS debt. You can also use bankruptcy to stop foreclosure and strip second mortgages under certain circumstances.

Sardi Law assists clients in finding solutions to their debt problems. To set up a consultation, contact us today.

Chapter 7

If your income is below the median income in Florida for a household of your size, you may be eligible for Chapter 7 bankruptcy. Under the 2005 revisions to the bankruptcy laws, you must submit to a “means test” to determine whether you qualify to file for protection under Chapter 7. We will walk you through the means test to determine eligibility. The Chapter 7 bankruptcy takes 4 to 6 months on average to complete. Upon completion, a debtor receives a discharge of certain debt. If you qualify, we will explain which debts can and cannot be discharged, as well as which assets you can keep. If you fail to qualify under the means test for protection under Chapter 7, in other words, if your income is higher than the mean income for a family your size in Florida, or alternatively, if your assets are in excess of what the law will protect for you, and you prefer to repay your creditors what you can afford to over a three-to-five year period, we will help you seek reorganization of your debt under Chapter 13.

Chapter 13

Chapter 13 bankruptcy is available for people whose income is above the median income in Florida for a household of their size, or who, based on the assets they wish to retain, prefer to repay what they can afford to over three to five years. If you file for protection under Chapter 13, we will prepare a debt payment plan that is within your means and will protect your assets, and we will submit it for approval by the court. In order to keep the court’s protection, you must abide by the terms of your plan. When the repayment plan is completed successfully, the court may approve a discharge of some of your debt.

 Chapter 13 may allow you to discharge some of your unsecured debt and repay what you can afford to over time, as well as repay the IRS for tax obligations which cannot be discharged. Additionally, Chapter 13 can be used to stop a foreclosure sale on your home and help you catch up on the mortgage arrears and strip certain liens on your home in some circumstances. Speak with us to find out if you qualify. We can help you use a Chapter 13 filing to stop foreclosure proceedings and to set up new payment arrangements within your means.

 You Can Restore Credit After Filing Bankruptcy

 If you are considering bankruptcy or have filed personal bankruptcy to get a fresh financial start, you may believe that your credit record is permanently ruined. Contrary to popular myth, there is life after bankruptcy. You can re-establish your credit, often within 24 months of a bankruptcy filing.

 Sardi Law can assist you. To set up a consultation, contact us today.

 Sardi Law is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Frequently Asked Questions


Can I keep my house, car or other property when I file for protection under the federal bankruptcy laws?

 Generally speaking, if your property is secured as collateral for a loan, i.e., if you are financing your vehicle purchase or have a mortgage and you want to keep that property, you must keep making the existing mortgage or car payment, except in certain circumstances where you are able to get rid of completely unsecured liens. In a Chapter 13 you may also be able to modify the terms of the secured debt through your payment plan. Certain other property is categorized as exempt and will be excluded from your bankruptcy estate.

In a properly prepared Chapter 13, your other, non-exempt, property will be protected from your creditors by virtue of your payment plan. You may also be able to protect non-exempt property in a Chapter 7 by making payments to your Chapter 7 trustee. 


How can I improve my credit after filing?

There are a number of steps you can take to improve your credit after bankruptcy, including:

  • Watch your spending. Do not let your debt-to-income ratio get out of control.

  • Pay your monthly bills and make loan payments on time.

  • Check your credit report three months after your bankruptcy is complete to make sure all discharged debt is being properly reported. If there are errors, these will need to be worked with the credit reporting agencies to have them corrected.

It is a good idea to obtain a copy of your discharge order to have proof that all dischargeable debts have been cleared.


Are there restrictions on what debts can be permanently discharged under Chapter 7?

Yes. Alimony, child support, and some death or personal injury judgments against you are in most cases, not dischargeable in bankruptcy. Student loans are also generally not dischargeable unless you can prove undue hardship. You will have to pay any fines levied against you by the government as well as any restitution as part of a criminal sentence. There are also restrictions on discharging certain tax debts.


How will my credit be affected?

 In accordance with the Fair Credit Reporting Act, a bankruptcy can remain on your record for a maximum of 10 years. Even before it is cleared from your record, however, you may find that your credit rating improves. Creditors look at your debt-to-income ratio when they make decisions about offering credit. After you successfully complete a bankruptcy, your debt-to-income ratio will be better than it was previously. You can re-establish your credit, often within 24 to 48 months of a bankruptcy filing, and may begin to see improvements immediately after receiving your discharge.


Can creditors call me at work to try to collect on a debt?

 If you have filed for bankruptcy protection, the answer is no. When you file, an automatic stay immediately goes into effect, prohibiting your creditors from calling, writing or pursuing legal action to collect a debt.


Sardi Law can assist you. Contact Us Today! To set up a consultation, email us online or call our office at 305-697-8690.

Sardi Law is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.