Bankruptcy Attorneys, Gainesville and Jacksonville

Bankruptcy is a powerful law. Let it work for you.

Since you have come to this website, you are likely already under financial stress. You may not be sleeping well, worrying about money and debts. You want information quickly. You have come to the right place. Call us if you want an appointment for a free consultation with either a Gainesville bankruptcy attorney or a Jacksonville bankruptcy attorney. Our offices are conveniently located on Newberry Road in Gainesville and on University Boulevard South in Jacksonville. We can help you harness the power of this great law to improve your situation. Below is an overview of bankruptcy. Click on the blue links for more in-depth information.

Types of Bankruptcy.

Bankruptcy comes in several flavors, called "Chapters." Most people file Chapter 7 bankruptcy. A smaller number file Chapter 13. The law provides that if you can't afford to make any payments to your creditors, then you may file a Chapter 7. However, if you have the ability to make at least partial repayment of repayment to your creditors, then you should pay what you can in a Chapter 13. Learn more about Chapter 7 law, or Chapter 13 law. The Bankruptcy Code has financial tests that determine which Chapter is appropriate for you. We provide a chart showing a comparison of Chapter 7 vs. Chapter 13. Chapter 11 is for business bankruptcy reorganization. You are allowed to preserve, or keep, certain assets, called "exempt property" in a Chapter 7 case; see our list of Florida bankruptcy exemptions.

Qualifying for Bankruptcy

Amount of debt. There is no specific minimum amount of debt you must have in order to qualify to file bankruptcy although a person can be shut out of Chapter 13 by exceeding the Chapter 13 debt limits.

Residency. Your residency controls where (in what state and in what courthouse) you can file your bankruptcy case. We have an in-depth explanation of the rules of bankruptcy residency and how it affects what bankruptcy exemption law applies to your case and also the correct bankruptcy court in which to file your bankruptcy case. Because residency affects which law of exemptions will apply to your case; the Florida list of Florida exempt property might not apply to your case even if you live in Florida now. Once you know where your case must be filed, you can view a map of the areas of Florida served by Ruff & Cohen to see if you live in a county we normally serve from our two offices.

Income Limits. To qualify for Chapter 7 there are limits on how much income you can have. These limits involve the concepts of median income, the means test, and the "primarily business debt exception."

The Bankruptcy Process

There is a process to bankruptcy, and it all starts with the client deciding it's time to talk to a lawyer. That's a point where many people hesitate, but it's really just an email or a phone call. Plus, the consultation is just a chance to talk, ask questions, and learn. Most bankruptcy lawyers, including us, offer a free consultation, so it doesn't cost anything but your time. After the consultation you will understand what bankruptcy law has to offer your particular situation. In most situations our clients present to us, bankruptcy can resolve a significant portion of their money problems. We explain the bankruptcy process from the free consultation all the way to the end of the case.

Life After Bankruptcy

If you know anyone who has filed bankruptcy and you feel comfortable talking about it with him or her, do so. The vast majority of those who have filed bankruptcy are glad they did; their only regret is that they did not do so sooner. Why hold on to stress if it can be relieved? Learn more about life after bankruptcy.

You have questions

Naturally you will have questions. Some questions seem to get asked on a regular basis by clients and we have put together a group of very short videos addressing these issues. You can also read answers to Frequently Asked Questions.

You have company

If you fear that filing bankruptcy will permanently ruin your reputation, take a look at this list of famous people who filed bankruptcy. You may be surprised at the names you see.

Mortgages, foreclosures, short sales, and Chapter 13

Everyone knows that there has been an unprecedented (at least in our lifetimes) recent surge in the number of mortgage foreclosures all over this country. Yet the topics of mortgages, second mortgages, defaults, acceleration, short sales and saving a home from foreclosure are areas of mystery to many people because it's not something they will ever deal with more than a handful of times. But you can take the short course in this area by clicking here and you can get a decent handle on the whole story from beginning to end.

Choosing your bankruptcy lawyer

If you make the decision to file bankruptcy your next decision will be whom to choose as your guide through the process. You probably do not want to try to do this on your own nor have a "paralegal" try to do it for you. Why not? You may have heard that there was a significant change in the bankruptcy law a few years ago. The change was the 2005 bankruptcy "reform" act. USA TODAY published an article on December 22, 2011, observing that the new law was intended to close loopholes but also had the effect of adding a lot of additional work to the bankruptcy process -- making bankruptcy representation more costly than it had been. Then the article stated:

To avoid the cost, debtors could file for bankruptcy without an attorney, or "pro se." But there is greater need to be represented, because the system is too complex to successfully handle alone... Although the system is less tolerant of mistakes, there are more opportunities for even seasoned attorneys to make errors, the study said. [emphasis added.]

There are several reasons to consider hiring our law firm to represent you in your bankruptcy case. On invitation, our attorneys have presented speeches on bankruptcy law to groups of other bankruptcy attorneys on several occasions, even at the Florida Bar Annual Convention. Or you can look at the individual qualifications, experience, and industry recognition of attorneys Eric S. Ruff and of Lisa C. Cohen. You may want to look at reviews of Eric S. Ruff on Avvo.com, where he is rated a Superb Attorney or reviews of Lisa C. Cohen on Avvo.com where she is also rated Superb Attorney. You can read what some of our clients say about their experience with our firm. Or, you may want to consider that when a certain well known newspaper wanted a bankruptcy lawyer's opinion about the former chairman of Lehman Brothers selling his multi-million dollar Florida home to his wife for just $10, the reporter for the New York Times contacted our attorney Eric S. Ruff for his opinion. If you decide to contact us, we are easy to reach. You can call us on the telephone, email us, submit an Online Consultation form, or even use the "Click to Call" button on the right side of this page to be instantly connected to our office. It takes only a few moments to set up your free consultation and you can see a map to our Gainesville office or to our Jacksonville office. We look forward to helping you.