Bankruptcy & Debt Services

Bankruptcy, Foreclosures, and Collection Defense

Why worry about your debts and credit problems another day? Contact us to arrange a free consultation today. Let us help you stop creditor harassment immediately.

Selecting the right Florida bankruptcy lawyer is an important decision. Holiday Hunt Russell PLLC has the experience and expertise to handle all your bankruptcy and collections needs with confidence, commitment, and compassion.

The Up-Side to Bankruptcy

When most people think of Bankruptcy they think of the way it used to be, an embarrassing process that left a stigma of failure and which pretty much prevented the debtor from ever getting good credit again.

Bankruptcy is now a streamlined process which is free of any stigma and can be accomplished relatively quickly and easily. Good credit can usually be regained within 18 to 24 months, if the debtor pays remaining bills on time and maintains a good credit history after Bankruptcy.

In fact, one of the biggest problems we, as Bankruptcy attorneys, have with some of our clients, is that our clients are sent credit cards by banks immediately after bankruptcy!(sometimes even while they’re in Bankruptcy!!).

You might think this makes no sense and have trouble believing it, but consider this: A person is a better risk to the credit card companies after Bankruptcy than before it! The creditor’s logic is simple. Before bankruptcy the person can create debt, but then can wipe it away by a Bankruptcy when he files. After bankruptcy, if the person uses a credit card and doesn’t pay a debt, the credit card company can sue him and eventually get a judgment or even a garnishment of that individual’s wages. That person can’t file bankruptcy again for 6 years, so he can’t get rid of the new debt. He can’t call a Bankruptcy attorney and has no one to turn to. He’s stuck…and the credit card companies know this! So they throw cards at every debtor that comes out of Bankruptcy to try to get them hooked again, hoping they will once again run up a big balance.

Bankruptcy is a right guaranteed by the United States Constitution and is designed to give “the honest debtor a fresh start”. There is nothing wrong or shameful about filing a Bankruptcy. It is not a government handout or entitlement. It is every citizen’s right, by law, and is meant to put honest people back on their feet. The government knows this is the best way to make an individual a productive citizen again.

As you consider your options for resolving the debt issues you are facing, Holiday will take the time to assess your options and seek the best possible solution. Holiday Hunt Russell PLLC can provide you with a case evaluation and determine what solutions are available to you based on the specifics of your case. Mr. Russell is here to help you avoid the mistakes that many individuals make in regard to bankruptcy so that you can achieve a successful result. You can put your financial issue in the hands of an experienced Broward County bankruptcy lawyer and trust in the representation that he offers. He can answer your questions and provide you with the information that you need to have confidence in the process. Although this is not an easy time for you, Holiday can help make it as smooth of a process as possible.

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Bankruptcy is a right guaranteed by the United States Constitution and is designed to give “the honest debtor a fresh start”. There is nothing wrong or shameful about filing a Bankruptcy. It is not a government handout or entitlement. It is every citizen’s right, by law, and is meant to put honest people back on their feet.

Benefits exist when filing for bankruptcy. For those in extreme financial pain, bankruptcy can look like the best option. Filing for bankruptcy yields a lot of benefits for some people. For example, bankruptcy completely wipes out certain debt, stops creditors from garnishing your wages and could help you hang on to your home. Here are some key points to consider.

Discharging Your Debts in Bankruptcy

Most people who file bankruptcy do so to discharge their debts. A discharge is a court order, which states that you do not have to pay a debt.

Some debts virtually cannot be discharged. For example, you typically cannot discharge debts for:

  • Most taxes
  • Child support
  • Alimony
  • Student loans
  • Personal injury lawsuit judgments caused by driving under the influence of drugs or alcohol

Discharge of debts through bankruptcy only applies to debts that originated before your filing date. Additional restrictions on discharge can be put in place by a judge if evidence emerges that you have received funds or real property via fraud. Debts can only be discharged via Chapter 7 bankruptcy once in a period of eight years.

It is important to list all property and debts in your bankruptcy petition. If you do not list a debt, that debt may not be discharged.

The judge can deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records or lie, or if you disobey a court order.

Protecting Your Assets

Even if a secured debt (a debt with the asset as collateral such as a mortgage loan or an auto loan) is discharged, the bank may still pursue repossession of the collateral if you do not pay the debt. That’s why Chapter 13 and its restructuring of debt and repayment plan can be a better option for preserving assets.

Stop Creditor Harassment – Automatic Stay

When you choose to file for bankruptcy in the United States, an automatic injunction will start. This is called an automatic stay. It prevents harassment by creditors during the bankruptcy process. An automatic stay ensures that creditors cannot take actions against you in order to get you to pay back any debts. This begins as soon as you file bankruptcy. An automatic stay can benefit you if you suspect your landlord wants to evict you or if your utility company wants to shut off your water or electricity.

Improved Credit

Understand that a bankruptcy will appear on your credit report for 7-10 years; however, it presents you with a unique opportunity to begin rebuilding your credit from scratch. If you want to buy a home in the future or begin building credit once more, bankruptcy gives you a chance to have a fresh start when it comes to your credit. Additionally, living without credit cards for a few years enables you to focus on spending within your means and when you do decide to utilize lending again, you’ll find that you’re better able to understand the loan process.

Credit Counseling

If you plan to declare bankruptcy, you will need to take credit counseling. Even if you’ve never had credit counseling before, you may find that this is incredibly beneficial and helps you understand exactly how finances work. You’ll receive training and assistance to help you make good financial decisions in the future and you’ll learn what you need to start moving forward with your financial future.

No matter what type of bankruptcy you’ve been thinking about declaring, an attorney can help. The right bankruptcy attorney can help minimize your stress and reduce your anxiety; however, your lawyer can also help you understand exactly what steps you need to take to file for bankruptcy. Your lawyer will review your personal finances with you and let you know what your options are moving forward, as well as which choices will best benefit you. When you’re ready to experience financial freedom, reach out to Broward Bankruptcy Attorney, Holiday Russell for a personal consultation.

Supporting You Through A Difficult and Trying Time

At Holiday Hunt Russell PLLC it is of the utmost importance to treat you with compassion and understanding during this time. Holiday Hunt Russell PLLC provides creative solutions for your debt management needs, including bankruptcy, foreclosure defense, and loan modification. If you have a bankruptcy question or concern, or want to find out what type of debt relief you qualify for, please contact Holiday at 954.920.5153 or online for a free initial consultation.

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