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Atty. Raymond Mitchell
Chapter 7 | Chapter 13
The Law Firm of Raymond Mitchell
3717 Del Prado Blvd. South Cape Coral, Florida 33904 » view map
Lee County Bankruptcy Lawyer
We Help You Survive Financial Attacks

We strive to protect your freedom and rights and provide high quality legal services to you in a professional, respectful, realistic and honest manner.

800-256-5820
1. Raymond B. Mitchell Cape Coral
  Attorney At Law - FL, 1994
  Regent University School of Law - 1993
2. Chapter 7Liquidation
  A Chapter 7 liquidation proceeding is available to individuals, partnerships, and corporations.
3. Chapter 13Reorganization
  A Chapter 13 bankruptcy, or "wage earner reorganization" is available only to individuals with regular income.
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Melville Gibbons Brinson

State and Local, Contract, Credit & Debt, Personal Injury

Status: In Good Standing Licensed: 39 Years

CONTACT

8359 Stringfellow Rd, Saint James City, FL 33956

Juan J Piles

Commercial Real Estate, Wills, Credit & Debt, Bankruptcy

Status: In Good Standing

CONTACT

4905 Chiquita Blvd S, Cape Coral, FL 33914

Nicole Leigh Naumann

Real Estate, Title Insurance, Residential Real Estate, Credit & Debt, Real Estate

Status: In Good Standing Licensed: 14 Years

CONTACT

15065 Mcgregor Blvd, Fort Myers, FL 33908

Robert David Young

Litigation, Civil Rights, Contract, Credit & Debt

Status: In Good Standing Licensed: 38 Years

CONTACT

2826 Se 22Nd Pl, Cape Coral, FL 33904

David W Fineman

Litigation, Civil Rights, Credit & Debt, Personal Injury

Status: In Good Standing

CONTACT

1436 Royal Palm Square Blvd, Fort Myers, FL 33919

Gregory William Goetz

Commercial Real Estate, Trusts, Civil Rights, Credit & Debt

Status: In Good Standing Licensed: 17 Years

CONTACT

33 Barkley Cir, Fort Myers, FL 33907

Brian David Zinn

International Tax, Civil Rights, Contract, Credit & Debt

Status: In Good Standing

CONTACT

6 Mile Cypress Pkwy, Fort Myers, FL 33966

Shannon M Puopolo

Litigation, Contract, Credit & Debt, Bankruptcy

Status: In Good Standing

CONTACT

Fort Myers, FL 33902

Michelle Tina Trunkett

Bankruptcy, Commercial Real Estate, Motor Vehicle, Credit & Debt

Status: In Good Standing Licensed: 23 Years

CONTACT

3210 Cleveland Ave, Fort Myers, FL 33901

Paul Anthony Giordano

Litigation, Federal Trial Practice, Business, Credit & Debt

Status: In Good Standing Licensed: 25 Years

CONTACT

2320 First St, Fort Myers, FL 33901

800-923-0641

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LEGAL TERMS

DOING BUSINESS AS (DBA)

A situation in which a business owner operates a company under a name different from his or her real name. The owner must file a 'fictitious name statement' or ... (more...)

A situation in which a business owner operates a company under a name different from his or her real name. The owner must file a 'fictitious name statement' or similar document with the appropriate agency -- for example, the county clerk. This enables consumers to discover the names of the business owners, which is important if a consumer needs to sue the business.

NONEXEMPT PROPERTY

The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typicall... (more...)

The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typically includes valuable clothing (furs) and electronic equipment, an expensive car that's been paid off and most of the equity in your house. Compare exempt property.

REAFFIRMATION

An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing deb... (more...)

An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing debt after the bankruptcy case is over. For instance, a debtor might make a reaffirmation agreement with the holder of a car note that the debtor can keep the car and must continue to pay the debt after bankruptcy.

MEANS TEST

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income ... (more...)

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy.

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

GUARANTOR

A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. T... (more...)

A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. The guarantor gives a 'guaranty,' which is an assurance that the debt or other obligation will be fulfilled.

PRIORITY DEBT

A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13... (more...)

A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13 bankruptcy. Priority debts include alimony and child support, fees owed to the trustee and the attorney in the bankruptcy case, and wages owed to employees.

DISPOSABLE INCOME

The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Ch... (more...)

The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Chapter 13 plan.

FAIR DEBT COLLECTIONS & PRACTICES ACT (FDCPA)

A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working fo... (more...)

A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law does not apply to creditors collecting their own debts. This law has greatly improved conditions for debtors, although more than a few debt collectors ignore the law. If a collection agency violates the law, debtors can contact the Federal Trade Commission for help.

SAMPLE LEGAL CASES

Rogers v. Rogers

... In addition to these few assets, the parties accumulated various debts during the marriage. Besides the loan on the Mountaineer, the parties had credit card debt totaling approximately $5000. The parties also owed $23,707.21 on the Wife's student loan. ...

Cunningham v. MBNA AMERICA BANK, NA

... 5th DCA 2004). Such a reading of the counterclaim demonstrates that Mr. Cunningham's claims for violations of the FDCPA and the FCCPA, and for abuse of process, attack MBNA's alleged misuse of the arbitration process to secure payment of a credit card debt. ...

Morgan v. Wilkins

... any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent they receive an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (Emphasis added). ...

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Captiva Credit & Debt Lawyer, Florida

Sponsored Law Firm

The Law Firm of Raymond Mitchell

SPONSORED LAWYERS

Melville Gibbons Brinson

Juan J Piles

Nicole Leigh Naumann

Robert David Young

David W Fineman

Gregory William Goetz

Brian David Zinn

Shannon M Puopolo

Michelle Tina Trunkett

Paul Anthony Giordano

TIPS

LEGAL TERMS

DOING BUSINESS AS (DBA)

NONEXEMPT PROPERTY

REAFFIRMATION

MEANS TEST

PRESUMED ABUSE

GUARANTOR

PRIORITY DEBT

DISPOSABLE INCOME

FAIR DEBT COLLECTIONS & PRACTICES ACT (FDCPA)

SAMPLE LEGAL CASES

Rogers v. Rogers

Cunningham v. MBNA AMERICA BANK, NA

Morgan v. Wilkins

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