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Martin Hoffman
About | Practice Areas
Hoffman Larin & Agnetti, P.A.
909 N Miami Beach Blvd Suite 201 Miami, FL 33162» view map
Bankruptcy and Debt
Experience and Results Matter

Hoffman, Larin & Agnetti have offices in South Florida. We have a long list of satisfied, well-represented clients since our firm opened in 1975.

800-893-4280
1. Martin Hoffman Miami, FL
  Attorney at Law- FL, 1972
  St. John's University School of Law, J.D. 1972
2. AboutHoffman Larin & Agnetti, P.A.
  Experience and Results Matter
3. Practice AreasExpertise
  Bankruptcy and Debt
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2. Email
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Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution

Keith Thomas Grumer

Bankruptcy, Business Organization, Contract, Employment

Status: In Good Standing

CONTACT

One E Broward Blvd, Fort Lauderdale, FL 33301

Neisi I. Garcia-Hornaday

Bankruptcy

Status: In Good Standing

FREE CONSULTATION

CONTACT

6750 North Andrews Avenue, Fort Lauderdale, FL 33309

Maite Diaz

Foreclosure, Workout, Consumer Bankruptcy, Bankruptcy

Status: In Good Standing

CONTACT

400 N. Hiatus Rd #200, Hollywood, FL 33026

Christian Paul Larriviere

Commercial Real Estate, Foreclosure, Family Law, Bankruptcy

Status: In Good Standing

FREE CONSULTATION

CONTACT

4340 Sheridan St, Hollywood, FL 33021

Scott Feuerman

Commercial Real Estate, Construction, Litigation, Commercial Bankruptcy

Status: In Good Standing

CONTACT

1395 Brickell Avenue, Miami, FL 33131

Brigette McGrath

Estate Planning, Corporate, Business Organization, Bankruptcy

Status: In Good Standing

CONTACT

100 Southeast Second Street, Miami, FL 33131

David T. Podein

Bed Bug, Bankruptcy, Corporate, Business Organization

Status: In Good Standing

FREE CONSULTATION

CONTACT

1 SE 3rd Avenue, Miami, FL 33131

Carlos E. Sardi

Bankruptcy, Corporate, Credit & Debt, Reorganization

Status: In Good Standing

CONTACT

100 Southeast Second Street, Miami, FL 33131

Amie Tamayo

Consumer Bankruptcy, Bankruptcy

Status: In Good Standing

FREE CONSULTATION

CONTACT

198 NW 37th Avenue, Miami, FL 33125

Henry Hernandez

Litigation, Divorce & Family Law, Civil Rights, Bankruptcy

Status: In Good Standing

FREE CONSULTATION

CONTACT

330 SW 27th Avenue, Miami, FL 33135

800-923-0641

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LEGAL TERMS

SOLE PROPRIETORSHIP

A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, m... (more...)

A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, meaning that business profits are reported and taxed on the owner's personal tax return. Setting up a sole proprietorship is cheap and easy since no legal formation documents need be filed with any governmental agency (although tax registration and other permit and license requirements may still apply). Once you file a fictitious name statement (assuming you don't use your own name) and obtain any required basic tax permits and business licenses, you'll be in business. The main downside of a sole proprietorship is that its owner is personally liable for all business debts.

BULK SALES LAW

A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to ... (more...)

A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to conduct a bulk sale of business assets -- that is, get rid of an unusually large amount of inventory, merchandise or equipment -- the business owner must typically publish a notice of the sale and give written notice to creditors. Then, the owner must set up an account to hold the funds from the sale for a brief period of time during which creditors may make claims against the money. The prohibition against bulk sales is spelled out in the Uniform Commercial Code -- and laws modeled on the UCC have been generally adopted throughout the country.

CHAPTER 13 BANKRUPTCY

The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your inc... (more...)

The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your income to pay all or a portion of the debts over three to five years. The minimum amount you must pay is roughly equal to the value of your nonexempt property. In addition, you must pledge your disposable net income -- after subtracting reasonable expenses -- for the period during which you are making payments. At the end of the three-to five-year period, the balance of what you owe on most debts is erased.

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.

LIMITED LIABILITY

The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or ... (more...)

The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or a person who invests in a corporation (a shareholder) generally stands to lose only the amount of money invested in the business. This means that if the business folds, creditors cannot seize or sell an owner's home, car, or other personal assets.

BANKRUPTCY TRUSTEE

A person appointed by the court to oversee the case of a person or business that has filed for bankruptcy. In a consumer Chapter 7 case, the trustee's role is t... (more...)

A person appointed by the court to oversee the case of a person or business that has filed for bankruptcy. In a consumer Chapter 7 case, the trustee's role is to gather the debtor's nonexempt property, liquidate it and distribute it proportionally to her creditors. In a Chapter 13 case, the trustee's role is to receive the debtor's monthly payments and distribute them proportionally to her creditors.

FAIR CREDIT BILLING ACT (FCBA)

A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days af... (more...)

A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days after it mailed the bill to you. The company must then correct the mistake, or at least acknowledge receipt of your letter within 30 days, and must correct the error within 90 days or explain why it believes the credit card statement is correct.

PREFERENCE

A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commer... (more...)

A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commercial creditors) and within one year for insider creditors (friends, family members, and business associates). Because a preference gives the creditor who received the payment an edge over other creditors in the bankruptcy case, the trustee can recover the preference (the amount of the payment) and distribute it among all of the creditors.

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.

SAMPLE LEGAL CASES

Roth v. Roth

... abused its discretion when it added a finding in the amended final judgment that its award of periodic payments to the Wife to satisfy the equitable distribution award was "in the nature of support" and that "same shall be non-dischargeable in any bankruptcy proceeding." This ...

The Florida Bar v. Head

... Clayton Hackney and Linda Hackney, a married couple, filed a petition for bankruptcy under chapter 13 of the Bankruptcy Code in an attempt to retain ownership of real property that was their primary asset. ... Head took over the bankruptcy case in August 2003. ...

Hirschenson v. Hirschenson

... She asserts the trial court erred in holding it had no authority under section 61.16, Florida Statutes (2007), to award attorney's fees for services rendered in bankruptcy court against her former husband when the purpose of the bankruptcy proceeding was to enforce awards of ...

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Miami Bankruptcy Lawyer, Florida, page 2

Sponsored Law Firm

Hoffman Larin & Agnetti, P.A.

SPONSORED LAWYERS

Keith Thomas Grumer

Neisi I. Garcia-Hornaday

Maite Diaz

Christian Paul Larriviere

Scott Feuerman

Brigette McGrath

David T. Podein

Carlos E. Sardi

Amie Tamayo

Henry Hernandez

TIPS

LEGAL TERMS

SOLE PROPRIETORSHIP

BULK SALES LAW

CHAPTER 13 BANKRUPTCY

PRESUMED ABUSE

LIMITED LIABILITY

BANKRUPTCY TRUSTEE

FAIR CREDIT BILLING ACT (FCBA)

PREFERENCE

REAFFIRMATION

SAMPLE LEGAL CASES

Roth v. Roth

The Florida Bar v. Head

Hirschenson v. Hirschenson

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