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Understanding the Different Types of Bankruptcy in Florida

It has been reported that over half a million Americans file bankruptcy annually. When financial hardships become too much to bear, sometimes a fresh start is necessary for a person to rebuild and do better the second time around. If you are in need of debt relief, filing bankruptcy may be a good option for you.

The Florida bankruptcy lawyers of The Law Offices of Daryl L. Jones, P.A have extensive experience helping clients understand the best options are for them concerning their financial situation. If you are considering filing bankruptcy in Florida, it is important that you understand the different types of bankruptcy and how they may affect you.

What Are the Two Types of Bankruptcy in Florida?

Filing bankruptcy is an extensive process and can overwhelm you as you navigate this difficult time in your life. Depending on the type of debt relief you are seeking, there are two different types of bankruptcy you may file for that may best suit your needs.

Chapter 13 Bankruptcy

This type of bankruptcy is consumer bankruptcy. Often referred to as restructuring bankruptcy, Chapter 13 bankruptcy does not require borrowers to sell their assets. However, the borrowers are required to restructure and consolidate their credit card debt and any other outstanding debts for the court to approve their repayment plan. With the help of a Florida bankruptcy attorney, you may be able to work out a deal with the court so you may have to pay back only a small percentage of your debt.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy may be a good option for you if you are suffering from any of the following types of debt:

  • Credit card debt
  • Medical bills
  • Personal loans
  • Foreclosure of your home

When filing Chapter 7 bankruptcy, you will sell all non-exempt assets so you may be released from certain debts in return. Some examples of non-exempt assets you may be subject to sell include:

  • Vacation homes
  • New cars
  • Valuable collections like coins or stamps
  • Family heirlooms
  • Valuable artwork
  • Designer shoes or handbags
  • Expensive clothing
  • Jewelry with resale value

If you work with a bankruptcy attorney, she may be able to reach an agreement that would release you from liability for your debts without having to sell your assets.

What Are the Six Steps of the Bankruptcy Process in Florida?

One of the reasons going through bankruptcy can be so stressful for borrowers because there are several steps you must follow to properly file bankruptcy. The six steps of the bankruptcy process in Florida are:

  1. Pre-bankruptcy counseling
  2. Filing the bankruptcy petition
  3. Automatic stay
  4. Creditors’ meeting
  5. Debt education course
  6. Notice of discharge

It can be overwhelming to go through each step of bankruptcy on your own. That is why it is crucial you get the help of a professional who can ensure you follow each step while also protecting you and your interests.

Get Help From a Florida Bankruptcy Attorney

The choice to file bankruptcy is not one borrower come by easily. It can be overwhelming to go through the many meticulous steps it takes for the court to grant you bankruptcy and relief from your debt. If you are unsure what type of bankruptcy you should file, it is essential you speak with a Florida bankruptcy attorney as soon as possible.

The bankruptcy attorneys at The Law Offices of Daryl L. Jones, P.A are dedicated to helping clients understand the differences between the types of bankruptcy in Florida. Our knowledgeable legal team is proud to provide clients with the award-winning legal services they deserve. To schedule a free initial strategy session, fill out our contact form or call (305) 969-3602.

4 Lender Errors in Florida Foreclosure Defense Cases

For most people, purchasing a home is one of the most significant financial investments they will make. Aside from the large financial investment, the personal investment can be overwhelming as buyers try to make all the right choices to avoid any mishaps down the road. One step in purchasing a home that can be extra daunting is the process of taking out a mortgage loan. When choosing a mortgage loan, if you make a bad choice, you may be setting yourself up for foreclosure in the future.

Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A has extensive experience helping clients navigate the process of taking out a mortgage loan in Florida. You must know about the most common lender errors that have led to Florida foreclosures. 

The 4 Most Common Lender Errors in Florida Foreclosures

Being aware of common mortgage errors will help you feel less stressed during the home buying process, and could also potentially save you a lot of money down the road. Some of the most common lender errors that have led to Florida foreclosures include:

Choosing the First Lender You Find

It is always important to shop around to find the best deal that suits your budget and needs with any big purchase. The same can be said for a mortgage loan. Some buyers will choose the first lender they find just to get the process over with, but that prevents you from comparing different payment plan options and interest rates. When comparing lenders, you should consider the following:

  • Closing costs
  • The total cost of the loan
  • If the loan is variable or fixed
  • Is private mortgage insurance is required

Considering different lenders may take more time, but it can save you a lot of money in the long run.

Waiting Too Long to Address Credit Issues

When you decide you may want to buy a home, your credit should be addressed sooner rather than later. You should not wait until a short time before trying to purchase your home to pull your credit report. 

This is because if you plan to take out a mortgage loan to pay for your home, you will likely get a better interest rate if you have a higher credit score. If you pull your credit report in advance, you may have time to build up your credit in time so that you can still get a better interest rate on your loan and not have to pay as much over time. 

Switching Jobs before Your Loan Closes

Switching jobs is not always a bad thing when it comes to closing on a mortgage loan. This is especially true when you switch to a job with a higher paying salary. However, if you switch from a salaried job to self-employment before your loan closes, you may run into some issues. 

This can be an issue for self-employed borrowers or employees who rely on commission or bonuses since they fall under different underwriting guidelines than those of salaried workers. To make things easier, you should wait until after you close on your loan to make any major changes to your employment status. 

Not Including Necessary Information in Your Mortgage Application

The first step to getting preapproved for a loan is the mortgage application. If you choose to leave important information off of the application or misrepresent the information that you did include, you may hurt your chances of loan approval. 

Contact a Florida Foreclosure Lawyer for Help

Choosing the right lender for your mortgage loan can be an overwhelming decision. However, if you do not put in the time and research needed to make the best decision, you may be facing foreclosure down the road. To help prevent this, contact a Florida foreclosure lawyer for help. 

The Law Offices of Daryl L. Jones, P.A is a Florida real estate law firm with experience helping clients understand how to avoid foreclosure and what their options are if foreclosure is a possibility. Daryl L. Jones is passionate about providing clients with the knowledgeable and dedicated representation they deserve. To schedule a consultation, contact us here or call (305) 969-3602.

What Are the Common Causes of Foreclosure in Florida?

Making the decision to purchase a home is not only a significant financial investment, it is also a personal investment. Due to the high cost of purchasing a home, many buyers take out a mortgage loan to help them cover the cost. While this loan may seem like a simple fix at the time, issues can arise if you are unable to pay back the loan. In the worst-case scenario, you may be one of the millions of Americans who face foreclosure each year.

The Law Offices of Daryl L. Jones, P.A has experience helping clients in Florida who are facing foreclosure. If you believe that you may be at risk for foreclosure, it is important that you understand what the common causes of foreclosure are in Florida.

7 Common Causes of Foreclosure in Florida

It is a common misconception that having financial difficulties is the only cause of foreclosure. The truth is that foreclosure can affect anyone for many different reasons. Some of the most common causes of foreclosure in Florida include:


Unemployment can happen when least expected, leaving individuals with a slew of bills to pay with no money coming in. Because many homeowners do not have expansive savings accounts, the sudden loss of a job can often lead to foreclosure. 

Adjustable-Rate Loans

While an adjustable-rate loan offers buyers attractive low payments and interest rates, these loans often catch individuals off guard due to the swift acceleration of the cost of payments alongside rising interest. When individuals cannot keep up with these payments, they are often faced with extensive debt that will force them to either declare bankruptcy or file for foreclosure.

Medical Expenses or Illness

Medical reasons are one of the leading causes of foreclosures in the United States. Medical reasons can lead to foreclosure in various different ways:

  • Added expenses from medical bills
  • Loss of a job due to illness or injury
  • Added expenses due to ongoing medical care

Since most individuals do not have the savings to cover ongoing medical care, this can be a major contributor to falling behind in loan payments.

Credit Card Debt

Credit card debt can be easy to fall into. However, when credit card debt builds up, it can affect a person’s overall financial situation. When a person’s credit card debt becomes uncontrollable, it may result in their inability to pay their mortgage loan. 


Divorce is a big change for any married couple. Due to the emotional and overwhelming process of going through a divorce, it is easy for finances to slip through the cracks. This can lead to missed payments and eventually a foreclosure in some cases. 

Sudden Relocation

Whether your relocation is due to a job or just because you needed a change, you may not have had enough time to sell your home. This may lead to the need to file for foreclosure. 

Multiple Bills

Aside from paying for a mortgage loan or credit card debt, there are many other bills people have to worry about. If a person has too many bills piling up, they may find themselves falling behind on making payments towards their home. 

Get Help from a Florida Foreclosure Lawyer

Buying a home is an expensive investment. To afford that home, buyers often opt to take a mortgage loan. However, when paying that loan back becomes more and more challenging, the buyers may face foreclosure. If you are at risk of foreclosure, it is crucial that you contact a Florida foreclosure lawyer who may be able to help you save your home. 

The Law Offices of Daryl L. Jones, P.A has extensive experience helping clients facing foreclosure in Florida. Attorney Daryl L. Jones is dedicated to helping clients understand their options when it comes to foreclosure and how they can avoid it. To schedule a consultation, contact Attorney Jones here or call (305) 969-3602.

4 reasons why you should hire a foreclosure defense attorney

For many people, the purchase of a home is one of the most costly purchases they will make in their life. Aside from the financial investment, homes also harbor a large emotional investment filled with years of memories made within the walls of the home. However, when financial hardship strikes, homeowners may face the difficult decision of whether to reliably make their mortgage payment. In Florida, if you miss three mortgage payments, your lender will likely file foreclosure. It has been reported that about eight million Americans face foreclosure each year. If you are facing foreclosure and think that the situation may be salvageable, contact a foreclosure defense attorney.

The Law Offices of Daryl L. Jones, P.A. is an award-winning foreclosure defense law firm helping clients in Florida defend their rights as homeowners. If you are not sure if you need to hire a foreclosure defense attorney for your case, here are four reasons why this may be the best path for you.


When a person’s home enters into foreclosure, it may seem you have no hope of keeping your home. However, that is not always the case. When you work with a foreclosure defense attorney, he/she may be able to help you come to an agreement with the lender to avoid losing your home.


The laws in Florida concerning foreclosure, mortgage contracts, and the rights of borrowers can often become convoluted and may be overwhelming for homeowners to understand on their own. That is why it is beneficial to work with professionals who have years of experience understanding these laws and defending clients who are facing foreclosure.


Many times, individuals going through a foreclosure know they have a defense but do not possess the litigation experience to bring that defense to the court. An attorney can help with your defense by bringing evidence that your rights as a homeowner were infringed upon.


When the foreclosure process has begun, it may feel as if you are being forced out of your home before the process has even been completed. An attorney will defend your rights as a homeowner as well as your rights as to how much time you are allowed to remain in the home. Your foreclosure defense attorney will also hold the proper parties accountable for any unfair treatment during foreclosure that you and your family may have suffered.


Many people may not know that when the potential of foreclosure arises, one option to help you remain in your home is to modify your loan with the lender. However, banks and lenders often do not want to agree to a loan modification. That is where the help of an experienced foreclosure defense attorney is valuable. An experienced foreclosure defense attorney may be able to negotiate an affordable loan modification where you cannot.


Foreclosure is a stressful process that leaves many families wondering what steps are next in their lives as they try to imagine their futures without their homes. If you are facing foreclosure, losing your home is not the only option. Contact a trusted foreclosure defense attorney who may be able to help defend your homeowner’s rights and keep you from losing your home.

The Law Offices of Daryl L. Jones, P.A. has extensive experience helping clients in Florida who may face foreclosure. Our trusted legal team is proud to provide clients with the dedicated representation they deserve. To schedule an initial strategy session, contact us here or call (786) 876-9604.