Bankruptcy A Primer

The process explained and the answers to all the most common questions.

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Talia was very helpful in filing my chapter seven bankruptcy. She explained my options and the procedure in a way that was easily understood. She was very nice and professional in helping me resolve my financial problem in a very streesful time for me. She worked with me on her fees and set up a repayment schedule that worked in my budget. I would not hesitate to refer any friend or family member to her in the future! Thank you Talia, for all you do.

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Bankruptcy Lawyers in Jacksonville FL

If you have found yourself in either a personal or professional situation where you are completely overwhelmed by your debts and do not see a path forward, then bankruptcy may be something that you will want to consider. Many people simply think of the term “bankruptcy” as a single legal tool that liquidates the filer’s assets and resolves their debts, but this is both inaccurate and incorrect. Bankruptcy can take many different forms, ranging from personal bankruptcy to restructuring a corporation in order to get through hard financial times while remaining open for business. Depending on your circumstances and your desired outcome, there are a variety of options for you to choose from, each of which will provide you with a different degree of control throughout the process.

The decision to file for bankruptcy can be a difficult one, and the process itself can quickly become overwhelming as you are attempting to regain stable financial footing. Working with a bankruptcy attorney is one of the best ways that you can identify a goal and move through this entire process with confidence, and make each decision with the guidance of an experienced lawyer. The team at Gahanian Law has a history of helping clients through a range of bankruptcies, and we are happy to work with you in order to find the appropriate solution for your unique situation.

Read more below to get a better general idea about some common bankruptcies, what you can expect during the process, and more. In order to get a specific understanding of your own case, contact us as soon as possible for a free initial consultation, where we can discuss your unique needs and ultimately determine the most appropriate path forward.

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About Talia Gahanian, Esq.

Talia practices in the areas of personal bankruptcy, debt settlement, and foreclosure defense, as well as homeowner’s insurance issues. She graduated cum laude from Wittenberg University in Springfield, OH in 1997 with a Bachelor of Arts in Political Science.  After living a few years abroad, she moved back to Ohio to attend law school at Cleveland Marshall College of Law where she graduated cum laude in 2007. She is admitted to practice in Ohio and Florida as well as in Federal Court of the Northern District of Ohio and Middle District of Florida. Talia is a member of the National Association of Consumer Bankruptcy Attorneys. She has been helping clients with their finances as a paralegal and an attorney for 19 years. As an attorney, she has helped over 480 families through the bankruptcy process.

In her free time, Talia is active in her synagogue and enjoys being outdoors and traveling.

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What Is Bankruptcy?

Simply put, bankruptcy is a legal process that a debtor takes when they are unable to pay their creditors back under the current arrangement. In some cases, bankruptcy may entail that the debtor liquidates a variety of assets in order to settle portions of their debts, and is then excused of the rest of them once the bankruptcy has been filed. In other instances, a bankruptcy may be a process of reaching new agreements with creditors about the structure of debt payments, so that the filer can get short-term relief from these pressures while developing a plan to continue resolving these debts. Both individuals and companies can file for bankruptcy, and each has many different options to choose from.

When you file for bankruptcy, you will immediately be able to enjoy an “automatic stay” that will block your creditors from contacting you from a set amount of time as you move forward with your filing. This will provide you with immediate relief from being called and pursued by creditors and debt collectors, giving you a bit of clarity and space as you are working on your next steps.

The following are some of the most common bankruptcy types in Florida:

Chapter 7 bankruptcy is known as a “liquidation” bankruptcy and is one of the most useful measures when it comes to seeking debt relief. A Chapter 7 gives people a chance to start over with their credit. Some assets may be at risk, so its advised to speak with a competent bankruptcy attorney in your areas about what you own and what is protected by state and federal laws. In addition, there are income guidelines that determine if you qualify for a Chapter 7

Chapter 13 bankruptcy is another very common approach for debt relief that creates a restructuring plan for individual debt, as opposed to business debt through Chapter 11. If you are concerned about losing any of your assets in exchange for your debt relief, then you may be happy to know that Chapter 13 will allow you to do both. Chapter 13 will allow you to work directly with your creditors in order to reach agreements about a new repayment structure that works with your financial situation and will allow you to retain possession of your assets.

Which Bankruptcy Is Right For You?

In order to determine which bankruptcy is the right option for you to choose, you will need to go through a wide range of details about your financial situation, as well as the pros and cons that come with each. Bankruptcy is not like waving a magic wand to make your debt disappear, and there are many different agreements and decisions that you will need to make in order to find a solution that works for you while avoiding as many of the drawbacks as possible given your situation.

Why Work With a Bankruptcy Attorney?

As you may be able to tell by the brief descriptions of 3 of the most common types of bankruptcies in Florida, there is a lot that you will need to consider before you even decide the type of bankruptcy, before you can even begin process.

When you partner with Gahanian Law, you can be confident in the decisions that you make with the help of an experienced Jacksonville bankruptcy attorney. We will be able to take stock of the situation, recognize the variety of options available, and then help you with the specifics of each necessary step so that we can work towards a sustainable and productive outcome to this filing. Contact us now to schedule your free initial consultation today, so that we can start working on your case as soon as possible.

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