Practice Areas and Legal Definitions

Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a debtor files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a debtor files a plan with the bankruptcy court proposing how to repay creditors.

In 2005, the requirements under which a debtor could file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act.  Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.

Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 may now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.

Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.

Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income.  It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.

Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".

A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.

Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:

• You have begun charging to your credit card essential expenses like food and daily expenditures
• You are making only the minimum payments on your credit cards each month
• You are near the limit of your credit cards
• You have too many credit cards
• You are unsure how much money you owe creditors

If you or someone you know needs the assistance of an experienced Florida Bankruptcy Attorney, call Alan J. Fisher today at 866-744-5705, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the assistance of an experienced Florida Bankruptcy Attorney, call Alan J. Fisher today at 866-744-5705, or complete the contact form provided on this site to schedule a free consultation.
Serving: Palm Beach, St Lucie, Indian River & Martin Counties

ADDRESSES OF THE FIRM:
Alan J. Fisher, P.A.
Phone: 866-744-5705
Hours: M-F, 8:00AM-5:00PM

Boca Raton Office: 7200 W. Camino Real #102 Boca Raton, FL 33433 Map and Directions

Lake Worth Office: 6801 Lake Worth Road Suite 120 Lake Worth, FL 33467 Map and Directions

Port St. Lucie Office: 201 SW Port St. Lucie Blvd. Suite 4 Port Saint Lucie, FL 34984 Map and Directions

MEMBERS OF THE FIRM:

• Attorney Alan J. Fisher

Alan J. Fisher is the principal of the Alan J. Fisher, P.A. law firm with offices in Boca Raton and Lake Worth, Florida. He previously served as staff counsel to the Standing Chapter 13 Trustee for the Fort Lauderdale and West Palm Beach divisions of the Southern District of Florida, encompassing Broward, Palm Beach, Martin, St. Lucie, Highlands, Indian River, and Okeechobee counties.

Mr. Fisher also served as a judicial extern to the Honorable Geraldine Mund, Chief United States Bankruptcy Judge emeritus, U.S. Bankruptcy Court for the Central District of California. He has focused his practice in the areas of Bankruptcy and Debtor/Creditor law since 1988, representing Chapter 7 and 11 trustees, debtors and creditors in bankruptcy actions, and bankruptcy litigation. He has also represented buyers and sellers in foreclosure and real estate workouts.

Mr. Fisher has lectured on bankruptcy issues to the National Association of Chapter Thirteen Trustees, the annual meeting of The Florida Bar, the Legal Aid Society of Palm Beach County, Broward Lawyers Care, the National Business Institute, and before business and legal professionals. He is a member of The Florida Bar, the State Bar of California, American Bankruptcy Institute, American Bar Association, National Association of Chapter Thirteen Trustees, the National Association of Consumer Bankruptcy Attorneys, and the Bankruptcy Bar Association of the Southern District of Florida. Mr. Fisher earned his J.D. degree from Southwestern University School of Law.

Areas of Practice:

• Bankruptcy Law
  
• Collections

Bar Admissions:

• California, 1988
  
• Florida, 1995
  
• U.S. District Court, Southern District of Florida
  
• U.S. District Court, Middle District of Florida
  
• U.S. District Court, Northern District of Florida
  
• U.S. District Court, Central District of California
  
• U.S. District Court, Eastern District of California
  
• U.S. District Court, Northern District of California
  
• U.S. District Court, Southern District of California
  
• U.S. Court of Appeals, 11th Circuit

Education:

• Southwestern University School of Law, Los Angeles, California
  
  • J.D. - 1987
    
• University of Texas, Austin, Texas