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Bankruptcy

Three questions to ask before you decide to hire an attorney to file your bankruptcy.


1) Is your attorney truly dedicated and commited to representing only consumers?

Many people do not know or are not aware of the fact that attorneys are often times involved in several practice areas even within the bankruptcy field. For example some attorneys have represented or currently represent creditors (meaning the companies that you owe money to) or many attorneys have either represented or currently act as bankruptcy trustees (the people that are appointed by the court to administer your bankruptcy and the poeple who go after your properties in order to force you to pay your creditors). This can impair their ability to adequately provide you with the best and most agressive legal advice.

It is important that you hire an attorney that is truly dedicated to exclusively representing consumers in bankruptcy. By ensuring that you hire the right attorney you can be sure that your representative will be focused on obtaining the most agressive and unbiased legal representation, the most beneficial result to help you eliminate the most debts and help you protect the largest amount of properties. Hire an exclusive consumer bankruptcy attorney, hire Pelayo Duran.

2) Does your bankruptcy attorney truly have the experience and training in bankruptcy to help you maximize your results in bankruptcy and to ensure the service experience and results that you deserve?

Many clients do not realize that any lawyer who is licensed to practice law in Florida and licensed in Federal Court, which consists of a very basic exam, can theoretically carry themselves out to the public as a bankruptcy attorney. Recently, the bankruptcy court, in response to an a avalanche of incompetent attorney filers enacted a requirement of completing some basic continuing education courses.

Pelayo Duran has been a practicing consumer bankruptcy attorney since 1998. He has personally filed over 1600 bankruptcies succesfully. Also, Mr Duran has been an active member of the National Association of Consumer Bankruptcy. over the last 12 years Mr Duran has attended hundreds of hours of continuing education courses in the area of Consumer Bankruptcy. In addition, Mr Duran regularly reads all the new cases that are decided locally and across the nation to ensure you receive the most up to date and agressive representation. Mr Duran has been an active member of the Bankrupcy Judicial Liaison Committee of the Florida Bar and is also a Member of the Uniform Commercial Code (UCC) Commitee and the Business Law Section of the Florida Bar where he regularly attends meetings and becomes informed of the latest trends, changes and ideas with other colleagues Judges and Court administrators.

Do not be afraid to ask your attorney for proof of the number of bankruptcy cases that he or she has filed and all the continuing legal education courses that he or she has attended in the last 10 years in the area of Bankruptcy. This information is readily available and as an informed consumer you have the right to know who you lawyer really is.

3) Is your lawyer really able to help you assess and to adequately represent you in all your legal and non legal needs like Loan Modification, Foreclosure Defense and Short Sales?

The current economic down turn has caused millions of people to fall behind on their home mortgage obligations. Many attorneys specialize exclusively in bankruptcy. Therefore, they are unable or unwilling to provide either good legal advice nor appropriate representation when it comes to foreclosure defense, short sales or loan modifications. Clients are then forced to work with several attorneys and realtors in order to accomplish their goal in preserving or disposing of their real estate even after they have filed for bankruptcy.

Pelayo Duran in his career has represented thousands of clients in many types of civil litgation. Pelayo Duran has a proven track record in court and has personally appeared before most County and Circuit Court Judges and he has a reputation for tenacity and thoroughness. Pelayo Duran has also represented hundreds of home owners who are facing foreclosure either before or after their bankruptcy. Pelayo Duran is also one of very few lawyers who is also an active Real Estate Broker and he can not only assit you with your legal needs but he is also able to provide you with his professional opinion regarding your real estate needs. Hire a lawyer that will not only fight back but one that has all the experience and qualification necessary to provide you with the most complete and competent legal representation in this unique time. Hire Pelayo Duran.


Miami-bankruptcy-lawyer-chapter-7-chapter-13Miami Bankruptcy attorneys who understand Chapter 7 & Chapter 13

Whichever type of bankruptcy you may be considering the process and requirements involved are quite complex and if you live in Florida there are other considerations to be made. Florida bankruptcy law is quite unique and differs significantly in some areas from the basic federal law regarding Chapter 7 and Chapter 13 bankruptcy.

If you are facing the prospect of filing a bankruptcy in Florida, you should ensure that you have the best advice from qualified and experienced Florida bankruptcy lawyer Pelayo Duran.

At The Law Office of Pelayo Duran we truly understand the intricacies of Florida bankruptcy law and can help you to determine the option that is best for your individual financial hardship situation.

You do not have to face a Florida bankruptcy filing alone. With the guidance of Florida bankruptcy lawyer Pelayo Duran, you can be assured of achieving the best possible outcome for your bankruptcy case. Contact The Law Office of Pelayo Duran for a free legal consultation on Florida bankruptcy.


Things you should know about bankruptcy filings in Florida

Bankruptcy in the State of Florida is quite different to that in other states. In fact it is generally considered by many that Florida bankruptcy law is much more liberal than in other states.

A special condition was created when the State of Florida "opted out" of the federal scheme with regard to exemptions (these are things that cannot be taken by the court in the course of a bankruptcy proceeding) and this means that when filing for bankruptcy in Florida you will able to keep more of your property than if you filed in other American states.

Real property under Florida bankruptcy laws

Florida bankruptcy law determines a debtor's title, right and interest in real estate. Primary residences receive special protection out of necessity, while secondary homes, investment properties, and non-possessory interests are subject to forfeiture, redemption or strip down.


Your personal assets under Florida bankruptcy laws

When filing for bankruptcy in Miami all assets you own must be reported to a trustee appointed by the Southern District of Florida Bankruptcy Court. Only specific assets may be retained under Florida bankruptcy statutes. In some cases you may be able to to protect $5000.00 or more. For more information and a free legal consultation, contact The Law Office of Pelayo Duran.

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