Daytona Bankruptcy Lawyer

Bankruptcy Law

Bankruptcy is a method where an individual or an organization that is neck deep in debt can request to be relieved from paying the debts. Or they can ask for a reorganization. But in order to do so they have to file for bankruptcy first.

Your bankruptcy lawyer will answer all your queries in detail and will also help you file for bankruptcy.  Some of the services offered by bankruptcy lawyers are as follows.

Help you decide if you should file for bankruptcy

The decision to file for bankruptcy is personal and depends on the individual. The lawyer will be able to help you decide if you should seek the protection of federal laws. Bankruptcy laws are federal laws. You will be informed by your lawyer if all the debts are dis-chargeable. Not all debts, such as the child support payments, are dis-chargeable or can be eliminated. The lawyer will explain all the pros and cons of filing for bankruptcy.

Decide the right ‘Chapter’ for you

The Bankruptcy Code has several chapters to it. The Bankruptcy Code is a group of federal laws or statutes that need to be adhered to. The individual or organization filing for bankruptcy has to follow one of these chapters. The four most common chapters are 7, 13, 11 and 12 (in that order). Consumer and non consumer debts are differentiated under bankruptcy laws.

Chapter 7 –

An individual or a business can file for bankruptcy under Chapter 7 if they wish to ‘liquidate’ their debts. Doing so would cancel out all their debts and let them make a fresh start financially. Bankruptcy under Chapter 7 is also known as ‘straight’ bankruptcy.

Chapter 13 –

Any individual seeking a reorganization can file bankruptcy under Chapter 13. A reorganization means that the individual will try to repay the whole of the debt amount.

Chapter 11 –

Any business or company or corporation seeking a reorganization can file for bankruptcy under Chapter 11. They can do so only if they do not wish to liquidate or eliminate their debts.

Chapter 12 –

Any family business, say for example a family of farmers, can file bankruptcy under Chapter 12.

Bankruptcy laws fall under the jurisdiction and supervision of United States Bankruptcy Courts but are decided in the local bankruptcy court of the particular state. Florida has 3 bankruptcy courts. Even though bankruptcy is governed by federal laws, each local court has its own set of local rules to determine a case of bankruptcy.

If you are a resident of greater Daytona or your business is located here, and you need help regarding filing for bankruptcy or understanding the laws related to it, do not hesitate to contact a bankruptcy lawyer in your area today.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

 Volusia County Lawyer

If you are a resident of the Volusia County, Port Orange or the Greater Daytona area or anywhere in the surrounding areas, you should not worry about finding a lawyer. There are plenty of registered law firms in these areas who can advise you regarding various laws.

Today we will discuss about filing for bankruptcy in Volusia County. The steps included in filing for bankruptcy have been discussed here. Your bankruptcy lawyer will answer all your queries in detail and will also help you file for bankruptcy if you want them to do so.

Bankruptcy

8268391500_e15e941452_zBankruptcy is a method where an individual or an organization that is neck deep in debt can request to be relieved from paying the debts. Or they can ask for reorganization. But in order to do so they have to file for bankruptcy first. Bankruptcy filing has different steps involved in it.

Mandatory pre-filing credit counseling

Before you can file for bankruptcy you need to get a credit counseling session certificate. The session will provide you with all sorts of information regarding bankruptcy. You can get an opinion on your financial situation from the credit counselors. The session lasts for only 90 minutes. Once the session is complete you can file for bankruptcy.

Preparing your bankruptcy papers

You need to fill out bankruptcy forms. These forms will require details about your income, expenses, assets, and your current debts. Any loans taken against any collateral and how you intend to repay them will also have to be mentioned. Secured debts, such as property, also need to be mentioned.

Meeting with Trustee and Creditors (341 Meeting)

After you have filed your papers, you will have to meet court trustees within 20 to 40 days. The trustee will ask you questions regarding the information that you have provided in the forms. You will have to meet the creditors next. They will either object to the claims that you have made or will challenge the exemptions you have requested for. You can respond to these objections by either filing a motion (request) with the court or by responding to their objections with the help of a lawyer.

Mandatory “Debtor Education” Debt Management Course

After you have completed filing for bankruptcy, you will have to attend a compulsory Debt Management Course. Only when you have completed the ‘debtor education’, will you be handed over your ‘discharge’ certificate. The certificate will officially declare that you are in debt.

Bankruptcy laws fall under the jurisdiction and supervision of United States Bankruptcy Courts but are decided in the local bankruptcy court of the particular state. Florida has 3 bankruptcy courts. Even though bankruptcy is governed by federal laws, each local court has its own set of local rules to determine a case of bankruptcy.

If you are a resident of Volusia County or your business is located here, and you need help regarding filing for bankruptcy or understanding the laws related to it, do not hesitate to contact a bankruptcy lawyer in your area today.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Daytona Attorney at Law

More often than not, people who are on the lookout for an attorney, are those who are stuck in some critical life crisis, which leaves them drained out of the energy and the wisdom to deal with the situation sensibly. It is one of those times when you need someone who can truly understand your issues and make use of their experience and training to help resolve whatever it is that is bothering you.

An overview of your Daytona area Attorney

simmsPhotoAttorney Debra G. Simms is one such proficient lawyer, who has been awarded a Florida Bar certificate and specializes in Elder Law. She has been practicing law in Ohio ever since 1988. She moved to the state of Florida in 1996 and was granted the license to practice Florida specific state law in the year 1997. Simms has been practicing law with regard to several legal issues such as Medicaid Planning, Probate, Guardianship, Elder Law and Estate Planning, since 2007. Seven years later, in 2014, Simms was also granted the Board certification in Elder Law.

With a spectacular career spanning for more than two decades, Simms has established herself as one of the most competent and talented attorneys in the recent times. Her comprehensive experience and seasoned skills make her adept at dealing with a wide range of legal disputes, and resolving them with brilliant dexterity.

Legal Aid

All throughout the span of her career, Simms has been renowned for aiding several families and individuals with their legal issues. With her characteristic sensitivity, she is able to quickly assimilate the intricate details regarding the legal needs and intent of her clients, and is able to provide affordable and favorable results.

Simms has been dealing with a massive number of lawsuits including those focusing on Wills, Living Wills, trusts, advanced medical derivatives and also Power of attorney disputes. She has also been certified by the Florida Bar to practice as an arbitrator and a mediator.

Apart from her celebrated career in law across the state, Simms has also been actively instrumental in providing lectures and participating in community organizations pertaining to Elder Law, in the state of Florida. In addition to being a member of the National and Florida Academy of Elder Law Attorneys, Simms is also presiding the Volusia County Bar Association’s Elder Law Section, as the chairperson.

Simms serves as a board member of the ARC Volusia, the Volusia/ Flagler Jewish Federation and even the Daytona Beach Symphony. Apart from reaching out to the ones in need in the real world, Simms has also created a virtual point of contact for the ease of approach. Her website provides extensive details of the services provided by her. The website aims at furnishing in-depth and comprehensive description of the various technicalities of the legal issues, and helps the user understand what exactly it is that he/she is faced with. It also helps the user gain insight about the various concerns that might arise in the due course of litigation, specific to his individual case.

If you are residing in Volusia County, New Smyrna Beach, Port Orange, Daytona and surrounding areas, and are looking for a reliable and experienced attorney, to help you fix your legal issues, you may visit the website and drop in a word for obtaining consultation.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667