ARE YOU ABOUT TO LOOSE YOUR HOME?   Now you have a greater possibility of staying because the bankruptcy court has added a new program to your advantage.

If you live in the Southern District of Florida including Miami Dade, Broward and Palm Beach Counties.  The bankruptcy court has now made keeping debtors in their homes a priority. Through what is called Loss Mitigation Mediation (LMM) Effective April 1, 2013.

Please contact our office for a free consultation and more detailed information of this new program at 305-416-0072.



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Bankruptcy: Creditor Abuse

In today’s tough economy, it is common for even the most hard-working and law-abiding people to fall behind on payments to their creditors. Some creditors do not have the understanding to positively and effectively deal with individuals in a financial crisis. Instead, they often harass and threaten them. To stop creditor abuse and concentrate on getting your life back on track, you need to hire a Miami foreclosure lawyer.

Miami foreclosure lawyer

Creditor Abuse

The federal and state governments have taken steps to protect consumers from growing creditor abuse, such as threatening letters and harassing phone calls. These legal measures define exactly what a creditor can and cannot do with respect to collecting debt from the consumer.

If the creditor violates any of these measures, the consumer can hire a lawyer to sue the creditor in state or federal court. The consumer is also entitled to compensation for the damages caused by the collector, including court costs and attorney’s fees.

Florida Consumer Collection Practices Act

In Florida, the Florida Consumer Collection Practices Act (FCCPA) provides even more protection to consumers than its federal counterparts in other states. In fact, if you become the victim of a harassing bill collector, you and your Miami foreclosure lawyer may just be able to turn the tables and pursue a claim against the creditor for the abuse.

We Are Here for You When You Need Us Most
Just because you are in a financial crisis does not mean that you have to allow creditors to abuse you with calls, threats, and letters. You have specific rights under both state and federal laws, which prevent creditors from inflicting such abuse.

For more information about creditor abuse or to schedule a complimentary initial consultation with Miami foreclosure lawyer Miriam Montalvo, please contact the Montalvo Law Firm, P.A. at (305) 416-007.

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How Do I Know If Bankruptcy Is the Best Option for Me?

If you are facing increasing debt and need a fresh start, bankruptcy may be the only solution. In order to determine whether filing for bankruptcy is the best option for you to get the relief you need, you should consult with a Miami bankruptcy lawyer.

Miami bankruptcy lawyer

Deciding Whether to File Bankruptcy

Knowing when to file bankruptcy is a difficult decision. Filing bankruptcy may or may not be the best solution in your specific situation, depending on various factors. The general rule is to file bankruptcy when you have more debt than you can realistically repay.

Bankruptcy is not for individuals who merely want to avoid creditor phone calls. While filing bankruptcy will temporarily stop those calls and stop creditors from pursuing litigation against you and your assets, certain secured creditors can still seek relief despite a bankruptcy’s automatic stay.

It is also important for you to understand that filing bankruptcy does not necessarily erase all debt. Only certain unsecured debts may be erased. However, secured debts, such as cars and homes, and some unsecured debts, such as personal loans and alimony, will not be erased with a bankruptcy filing.

To determine whether bankruptcy is the best option, your lawyer will first need to closely review the specific facts of your file.

We Can Help

If you decide to file bankruptcy, you can silence your creditors and reclaim your phone, voicemail and mailbox. But in order to start a new life free of debt, you must hire a lawyer to help you do this successfully. To schedule a complimentary consultation with Miami bankruptcy lawyer Miriam Montalvo, please call the Montalvo Law Firm, P.A. at (305) 416-0072.

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Filing Bankruptcy: FAQ

When you are in so much debt that bankruptcy seems like your only option, you will undoubtedly have many questions. An experienced Miami bankruptcy lawyer will provide detailed answers to all of your questions.

Below are some common questions that debtors have when filing bankruptcy.

What Is Bankruptcy?

Miami bankruptcy lawyerBankruptcy is a federal court process that is designed to help individuals and businesses facing excessive debt. It allows them to either eliminate or repay these debts under the protection of a bankruptcy court. Once a bankruptcy is filed, the court will order an “automatic stay,” which prevents most creditors from enforcing collection on the debts until the stay is lifted.

Will All My Debts Be Erased If I File for Bankruptcy?

Not all of your debts will be discharged in bankruptcy proceedings. Certain debts, such as child support, alimony, and some tax debts, will not be forgiven in any type of bankruptcy filing. Your Miami bankruptcy lawyer will go over each of your debts to determine which will be discharged and which will not be discharged in a bankruptcy proceeding.

Can I File a Repeat Bankruptcy?

Yes. But in order to qualify for a repeat bankruptcy filing, the court will look to see what chapter of bankruptcy you previously filed and whether or not your debts where discharged. It is strongly advised that you seek the help of a Miami bankruptcy lawyer prior to filing for bankruptcy again.

Let Us Help

 For detailed answers to any questions you may have about filing bankruptcy, you contact dedicated Miami bankruptcy lawyer Miriam Montalvo at (305) 416-0072 to schedule an initial consultation.

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Facing Foreclosure? We Can Help

Those who are facing foreclosure may need the help and leverage of a Miami foreclosure lawyer. A qualified lawyer will be able to apply an effective legal remedy that best suits his or her clients’ particular situation in order to stop the foreclosure sale of their property and save their home.

Legal Approaches For Avoiding Foreclosure

Miami foreclosure lawyer If you are facing a foreclosure sale, you have various legal options to deal with the foreclosure of your home. The most effective and common is a loan modification. However, this option may not be available to all homeowners. As such, your Miami foreclosure lawyer will go over the other options that may be more appropriate in your particular situation.

 Other legal approaches to stop a foreclosure sale of your property include:

  • Filing bankruptcy
  • Short sale of your property
  • Reinstatement of your loan to bring your mortgage current
  • Deed in lieu of foreclosure to stop the sale and allow a lender to accept your house as payment for the mortgage balance owed
  • Forbearance or a lender agreement not to foreclose on your property and to reduce or suspend your mortgage payment for a specific time period to allow you to catch up on your back payments.

Legal Help to Avoid Foreclosure

 For more information about the legal option that best suits your particular situation to help prevent the foreclosure of your home, do not hesitate to contact dedicated Miami foreclosure lawyer Miriam Montalvo. To schedule a free consultation, please call the Montalvo Law Firm, P.A. at (305) 416-0072.

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Why Hire a Miami Foreclosure Attorney?

A good Miami foreclosure attorney knows that there is no one-size-fits all approach to saving your house from foreclosure. As such, it is important to choose a foreclosure attorney in Florida that will aggressively help you find a solution to stop the foreclosure.


There are many reasons why you should hire a Miami foreclosure attorney, including:


–          A Miami foreclosure attorney can timely respond to the foreclosure lawsuit to ensure your legal rights are protected.

–          There are many alternatives to foreclosure that your attorney will aggressively seek and determine which best fits your needs.

–          If you have to go to court, your chances of success are much higher with a Miami foreclosure attorney by your side.

–          A tough yet caring attorney can provide advocacy and emotional support in a time when you may be confused, powerless, and intimidated by the foreclosure process.


Contact Us


In order to fight the foreclosure sale of your home, you may have to go to court. Without adequate legal representation from a Miami foreclosure attorney, you stand very little chance of winning your case and saving your home. However, when you have a dedicated Miami foreclosure attorney on your side, you will receive the legal defense you need to fight your foreclosure and protect your rights.


For more information or a free consultation with Miami foreclosure attorney Miriam Montalvo, please call the Montalvo Law Firm, P.A. at (305) 416-0072 before it is too late.

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Florida Foreclosure Law

If you are facing foreclosure in Florida and wish to save your home, you should contact a Miami foreclosure lawyer who specializes in foreclosure law. Just because you have endured financial hardships, it does not mean that you have to lose your house. With the right legal help, you can continue living in your home.


Florida Foreclosure Proceedings


In Florida, all mortgages must be foreclosed in the context of a judicial proceeding. In other words, the lender seeking to foreclose on your house must file a foreclosure action in state court, which action will be adjudicated by a judge. This advantage provides an opportunity for your Miami foreclosure lawyer to fight for your right and prevent the foreclosure.


The lender will attempt to show that you are in default and a foreclosure is necessary under Florida equity law. If the lender wins, the court will then issue an order to place some type of advertisement, publication or notice.


Remedies to a Foreclosure


You may have a number of remedies available to you to stop a foreclosure. One of the main remedies your Miami foreclosure lawyer will pursue is to alter the terms of your loan both within and outside of bankruptcy protection. You may also be able to start a lower monthly repayment plan to bring your debt current.


Before the actual sale takes place, you will also have an “equitable right of redemption.” This means that you can stop the foreclosure by paying the amount due. This right is extinguished upon the actual foreclosure sale.


Contact Us


Preventing the foreclosure of your house is not impossible. With the assistance of a Miami foreclosure lawyer, you may be able to save your home. For a free consultation with Miami foreclosure lawyer Miriam Montalvo, please call (305) 416-0072.

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Chapter 13 Creditors: Claims and Limits

Sorting out the rights of creditors in a Chapter 13 bankruptcy can be a complicated question which depends on the identity of the creditor and whether the debt is secured or unsecured. An experienced Miami foreclosure attorney can help you sort it out.

Ninety-Day Rule
Apart from the exceptions noted below, Chapter 13 creditors have to file proof of their claims within 90 days of the date of the meeting of creditors. Even if a creditor misses the 90-day deadline, the debtor or trustee (or any “interested party”) can still file a claim on behalf of the tardy creditor in order to get the claim discharged as part of the bankruptcy proceeding.

Exceptions to 90-day rule
The law provides exceptions to the 90-day rule for three types of creditors:

• Governmental units
• Minors
• Incompetents

There are also exceptions for two types of claims:

• Unsecured claims which result from a court judgment, if filed within 30 days of when the judgment is no longer subject to appeal
• Claims that arise because of the rejection of executory contracts (contracts that have not yet been performed).

Secured Creditors versus Unsecured Creditors
As a Miami foreclosure attorney can tell you, secured creditors have an advantage over unsecured creditors under Chapter 13 proceedings. Secured creditors don’t get to vote on whether the debtor’s plan gets approved by the court, but they do have the right to reject the plan’s application to their claim. If they reject it, they have the right to one of the following:

• Payment of the entire secured claim
• The collateral that secures the claim
• An amount that adequately protects the creditor

Get Help
Things get even more complicated if the debt is secured by property like motor vehicles, which need to remain insured, or by property that is exempt under the law. Get a free consultation before diving into the complexity. Call the law office of Miami foreclosure attorney Miriam Montalvo at (305) 416-0072.

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The Document Maze in Chapter 7 Bankruptcy

Most people are amazed at how much paper needs to get filed in a bankruptcy proceeding. Here’s a partial list of what you need for a Chapter 7 proceeding, and you can see why you need a Miami bankruptcy lawyer to shepherd you through.

Basic Documents
All Chapter 7 petitioners have to file a formal petition and a Statement of Social Security Number. If you are filing as a corporation, you also have to file:

• A corporate resolution authorizing the bankruptcy filing
• A Corporate Ownership Statement if another corporation owns 10% or more of the corporation’s stock; otherwise, a statement that no other corporation owns 10% or more

Statement of Financial Affairs
The Statement of Financial Affairs summarizes your financial history, transactions, and operations over a set period of time before the bankruptcy proceeding commenced. Questions 1-17 are for individual debtors, sole proprietors answer questions 1-18, and corporate or partnership debtors answer questions 1-25.

The information you provide on this form is related to the information on several of the Schedules, making it important that your Miami bankruptcy lawyer cross-check for consistency between the Statement of Financial Affairs and the Schedules.

Other Documents
Schedules abound. You not only have to file Schedules A through J, but a “Summary of Schedules.”

Then there is Exhibit C. If, to the best of your knowledge, you own property that might cause harm to the public health of safety, Exhibit C must be attached to the petition.

Get Help
It’s complicated and technical. Get the help of an experienced Miami Florida bankruptcy lawyer; call the law office of Miriam Montalvo today at (305) 416-0072.

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Filing Bankruptcy Does Not Halt All Actions

The automatic stay that results from filing bankruptcy will halt most judicial and administrative collection actions (including foreclosure); however, as your Miami, Florida foreclosure defense lawyer will point out, it will not stop all legal proceedings.

Actions stopped by the automatic stay
When a Miami, Florida foreclosure defense lawyer or bankruptcy lawyer files a bankruptcy petition on the debtor’s behalf, the automatic stay immediately goes into effect. The stay will stop most collection activities, as well as judicial proceedings. The stay will remain in effect until:

• The bankruptcy is closed (sometimes referred to as “terminated);
• The bankruptcy is dismissed; or
• A discharge is granted or denied.

If a creditor continues to attempt to collect from you after being notified that you have filed bankruptcy, you may be entitled to monetary damages, including attorneys’ fees and costs.

Actions not halted
The automatic stay does not stop all proceedings and obligations. For example, actions that are not stayed by filing bankruptcy include:

• Criminal matters;
• Domestic violence, divorce, domestic support, child custody, or visitation actions;
• Enforcement of a lien or security interest in real property if the property was subject to an order dismissing a bankruptcy case within the past two years (though the debtor may request relief from this provision if he or she acted in good faith);
• Enforcement of a lien or security interest in real property if the debtor was ineligible because a case was dismissed for failure to abide by the court’s order or if the bankruptcy was filed in violation of an order prohibiting the debtor from filing another bankruptcy;
• Evictions, if the landlord obtained a judgment of possession prior to the filing of bankruptcy or on the basis of the tenant using illegal substances or endangering the property;
• Withholding, suspending, or restricting a driver’s license or occupational license;
• Interception of a tax refund, as well as tax obligations, such as audits and tax assessments;
• Actions on property tax liens or a special assessment on real property imposed by a governmental unit (if tax became due subsequent to the bankruptcy filing); and
• Withholding of income from a debtor’s wages for a loan, pension, profit sharing, stock bonus, or other plan.

This list is not exhaustive by any means. A skilled bankruptcy lawyer can fully advise you of all actions that are not halted by the automatic stay. If you need the services of a Miami, Florida foreclosure defense lawyer or bankruptcy lawyer, call Miriam Montalvo at (305) 416-0072 to schedule an initial consultation.

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