Aramis Hernandez
Aramis Hernandez
Legal Topic
Bankruptcy
Preferred New Clients
Anyone interested in discharging their debts and taking control of their financial situation.
Sub-Topics
Business Bankruptcy
Chapter 13
Chapter 7
Credit Disputes
Credit Repair
Creditor Harassment
Debt Relief
Foreclosure
Personal Bankruptcy
Other Court Admissions
The Florida Bar and the Federal Bar for the Southern District of Florida.
Association Memberships
American Bar Association and Dade County Bar Association.
Continuing Education
I attend Continuing Legal Education seminars on the latest topics and legislation involving bankruptcy and foreclosures in South Florida.
Example Cases
While each case we handle is different and carries its own special circumstances and solutions, there are basically two types of personal bankruptcy cases: Chapter 7 and Chapter 13.
A Chapter 7 bankruptcy is the most common form of individual consumer protection. A petition is filed to a federal judge requesting that your unsecured debts such as credit cards, medical bills, and most personal loans be eliminated, or "discharged". Chapter 7 is available to anyone who meets Florida's specific eligibility requirements, including spouses if the couple chooses to file a joint petition.
On the other hand, a Chapter 13 bankruptcy is an opportunity to "restructure" some of your secured debts such as real estate and automobiles while still discharging those unsecured debts mention above. Chapter 13 is set up like an interest-free payment plan to a court-appointed trustee who then makes payments to your creditors after we structure a 3 or 5 year plan according to your ability to pay. This can be extremely effective in situations where you are behind on your mortgage or car payments, in which the plan can be structured to include those assets, and in many cases, can stay the foreclosure process until your petition is accepted. Once the plan is approved, the creditors are required to abide by the terms of repayment, and can only collect from the trustee the amounts negotiated through your Chapter 13 petition.
Education
School: New York Law School
Degree: Juris Doctor
City: New York
State: NY
Year: 2008
School: Florida International University
Degree: Bachelor of Science
City: Miami
State: FL
Year: 2004
Focus and Accomplishments:
Majored in Accounting.
