Individual and Business Bankruptcy and Debt Relief Attorney in Central Florida
James H. Monroe, P.A.
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2507 Edgewater Drive Orlando, Florida 32854-0163 USA |
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(407) 872-7447
(407) 872-7491
www.jamesmonroepa.com
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The law firm of James H. Monroe PA, located in Orlando, Florida, practices in the areas of consumer and business bankruptcy, as well as, estate planning, wills and trusts. Our clients are both individuals and businesses from all areas of Central Florida, including those from the counties of Lake, Orange, Seminole, Volusia, Osceola, and Brevard. James Monroe is the only attorney in Orlando with dual certification in both Business and Consumer Bankruptcy. State laws and procedures vary greatly making it extremely important to consult with an experienced and knowledgeable attorney who focuses on this particular area of law.
Don't fold under the pressure of mounting personal debt. At the Orlando office of James H. Monroe, PA, we can help you file for bankruptcy efficiently and effectively. Bankruptcy can be a complicated process, which makes every move you make critical to the outcome of your case. Having operated as the sole practitioner of his Orlando-based office for over a decade, James H. Monroe has more than just the solid legal foundation necessary to handle your case: he has the experience. Whether you are an individual or a business, we can help you get on your way to debt relief.
Attorney James H. Monroe is nationally certified in bankruptcy by the American Board of Certification. He is also a member of the American Bankruptcy Institute. In addition to these national credentials, he has several regional affiliations to his credit, including his six years spent on the board of directors for the Central Florida Bankruptcy Association. His writings on bankruptcy have been published in multiple law journals as well. In other words, James H. Monroe understands bankruptcy.
Practice Areas
Additional Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Chapter 11 Bankruptcy; Durable Power of Attorney; Healthcare Power of Attorney; Living Trusts; Living Wills
Practice Areas Description
Attorney James H. Monroe helps individuals and businesses file for Chapter 7, Chapter 13 or Chapter 11 bankruptcy. He can also help you with your estate planning needs.- Consumer Bankruptcy
Consumer bankruptcy is a fact driven practice, so make sure you have a lawyer who knows the facts. It is possible to stop the foreclosure of you home. It is possible to have your income taxes discharged. With over twenty-five years of experience, James H. Monroe will help you understand how Florida's bankruptcy system can work for you:
* Chapter 7: If you are below a certain income level and seek a forgiveness of all your debts, then you will want to file for Chapter 7 bankruptcy. It is often the best option for individuals with a lot of business debts. People who file for Chapter 7 may only retain a limited number of assets, but they will receive full debt discharge.
* Chapter 13: People facing foreclosure, income tax problems, or with a higher than median income level will most likely file for bankruptcy under Chapter 13. In this circumstance the individual will face a restructuring of their debts, which will allow them to maintain the assets they wish to keep.
- Business Bankruptcy
Businesses that face bankruptcy have different needs than individuals who are under similar pressure. You need an attorney with comprehensive knowledge of the specific challenges facing businesses filing for bankruptcy. We will work with you so that you understand the business bankruptcy process:
* Chapter 7: If you are looking for a complete liquidation of your business and the chance to be relieved of all debts, then you will file for Chapter 7 bankruptcy. This is the most common form of business bankruptcy, as it provides complete debt relief.
* Chapter 11: Although it is less common, Chapter 11 bankruptcy can save your business. It calls for business reorganization and a restructuring of current debts. Chapter 11 is a complicated process that relies heavily upon working with creditors. An experienced attorney can help you gather and present the information necessary to save your business.
* Chapter 12: In the event that you are trying to save an agricultural business, you will want to file for Chapter 12 bankruptcy. This is often the best choice for the family farmer and it ties in closely to Chapter 13 consumer bankruptcy.
- Consumer Chapter 7 Bankruptcy
In Chapter 7 bankruptcy, all of your legally dischargeable debts are forgiven. In exchange you must surrender all your all of your "non-exempt" assets and forfeit the proceeds to be divided among your creditors. However, many assets qualify as "exempt." Exempt assets are protected assets that individuals get to keep. Most individuals who file for Chapter 7 bankruptcy do not end up surrendering assets.
- Business Chapter 7 Bankruptcy
Attorney James H. Monroe in Orlando, Florida has over 25 years of experience helping businesses file for Chapter 7 "business liquidation" bankruptcies. Mr. Monroe has been certified in business bankruptcy by the American Board of Certification. When a business files for Chapter 7 bankruptcy, the bankruptcy court appoints a Chapter 7 trustee to liquidate the business's assets and distribute the proceeds to the business's creditors. After this process is complete, the business ceases to exist and so do its debts. Even though Chapter 7 bankruptcy means the business has to close down, it does have advantages, it signals the end of operation of the business and the creditors will no longer be able to undertake collection or litigation against the business.
- Chapter 13 Bankruptcy
Chapter 13 bankruptcy can allow you to overcome a crushing debt load without having to forfeit any assets to creditors. It takes between three and five years to complete, and it is available for both indebted individuals and sole proprietorships. In Chapter 13 bankruptcy, legally referred to as an "adjustment of debts of an individual with regular income," all your debts are reorganized into one monthly payment. This occurs through negotiations during a Chapter 13 bankruptcy court hearing where you, your attorney, your creditors and a Chapter 13 trustee can negotiate a fair reorganization plan. For three to five years, you will make you monthly payments to the Chapter 13 trustee, who will distribute payments to your creditors. At the end of the three to five year period, all your debts will be wiped clean. Because you need an income to file for chapter 13 bankruptcy, it used to be called a "wage earner" bankruptcy.
- Chapter 11 Bankruptcy
Recent economic conditions have forced many businesses large and small to file for Chapter 11 bankruptcy. But Chapter 11 — also known as "reorganization" — bankruptcy is a complex process that requires experienced guidance and counsel. In Chapter 11 bankruptcy, the business makes an attempt to come up with a new payment plan to reorganize its debt. The plan is presented to the creditors in bankruptcy court, who then cast ballots to vote on whether or not to accept it. If they agree, the plan becomes a new contractual agreement between the parties. If they disagree, you may try to come up with a new plan, or the court may impose the plan on the creditors (typically referred to as a "cram-down"), or the negotiations may simply end up failing. An experienced attorney can help you negotiate a Chapter 11 bankruptcy reorganization plan that creditors or judges will accept. The Chapter 11 reorganization usually involves an attempt to reduce the value of the business's debts to match the value of its assets. Debts in excess of the value of the business assets are treated as unsecured, and a large percentage of them are forgiven. Secured debts can also be renegotiated or litigated to achieve a lower interest rate and for a longer repayment period.
- Wills, Estates and Trusts
There are a number of ways to create an estate plan that works for you. James H. Monroe will work side by side with you to determine the best course of action for you and your family. By planning your estate now, you can save your family from costly litigation in the future. James H. Monroe has over twenty-five years of experience helping people set up comprehensive trusts, wills, and estates.
- Living Trusts
A living trust is not something you create for yourself. Rather, you create it for your family, knowing that when you pass away, it will allow you to disperse your assets in the way that's best for them and to make their lives easier by averting the burdensome probate process. Attorney James H. Monroe has handled estate planning and living trusts for over 25 years. He has the experience necessary to help clients prepare their estates and their families for the future.
- Wills
Wills can be fairly simple legal instruments that allow individuals to decide who will receive which of their assets. A will gives you control over what happens to your estate after you pass on, and keeps your estate from being divided according to the State's intestacy statutes. A will tells your beneficiaries and the court system how you wish for your assets to be distributed. Without writing a will, your estate will be distributed according to the intestacy laws of the state of Florida. In order to strictly comply with the intestacy statutes, the judge may order your assets disbursed to relatives according to law and who may not be be who you would have chosen to get your property. A will also gives you the chance to designate someone to be in charge of handling the distribution of your estate — an "executo" or under Florida law a "personal representative." This can be a trusted family member or an attorney.
- Living Wills / Durable Powers of Attorney
No one knows what the future will bring. At any time, any of us may become incapacitated or unable to make competent decisions about our health, our welfare and our estates. By creating a living will or a durable power of attorney, you can designate someone you trust to make crucial decisions on your behalf. There are a variety of different legal instruments to help you prepare yourself and your family for the unexpected. Our law offices provide comprehensive services in this regard, including:
* Living Wills: a living will articulates your wishes regarding life support and medical care in the event that you should become completely incapacitated, particularly if you become comatose and unlikely to recover.
* Health Care Surrogate: a health care surrogate is a person that you designate to make health care decisions for you in the event that you become incapacitated or mentally incompetent.
* Durable Powers of Attorney: a durable power of attorney designates a person to "step in your shoes" and make legal decisions regarding your real and personal property if you become incapacitated or mentally incompetent.
* Pre-Need Guardian Nomination: this document allows you to choose someone to be your legal guardian in case you become incapacitated or mentally incompetent. Your guardian will be responsible for your care and health care decisions. If you become mentally incompetent without having designated a guardian ahead of time, the State will have to designate someone for you.
Attorneys
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Mr. James Monroe
Attorney Debtor and Creditor, Estate Planning, Foreclosure |
More Information on James H. Monroe, P.A.
Orlando, Florida Consumer Bankruptcy AttorneyBusiness Bankruptcy Lawyer in Orlando, FL
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Chapter 13 Bankruptcy Attorney in Orlando, FL
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Foreclosure Attorney in Orlando, Florida
Estate Planning Lawyer in Orlando, FL
Orlando, Florida Durable Powers of Attorney Lawyer
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