Law Offices of Aramis Hernandez
139 NE 1st Street
Suite 600
Miami, FL 33132
Phone: (305) 374-7744 | Fax: (305) 374-2224
http://www.galanhernandez.com
http://www.lawofficesofaramishernandez.net/bankruptcy_lawyer.html
Bankruptcy
Anyone interested in discharging their debts and taking control of their financial situation.
FL, Jan 2009
Bar Number: 62205
The Florida Bar and the Federal Bar for the Southern District of Florida.
American Bar Association and Dade County Bar Association.
I attend Continuing Legal Education seminars on the latest topics and legislation involving bankruptcy and foreclosures in South Florida.
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.
Bachelor of Science
Florida International University
Miami
FL
2004
Majored in Accounting.
Juris Doctor
New York Law School
New York
NY
2008
1
Florida
Our office primarily handles Chapter 7 and Chapter 13 bankruptcy cases, though our clients often have additional legal matters than we provide representation for in addition to their bankruptcy case. From modifying a dated will to petitioning for a new immigration status, our main objective is client satisfaction, and our office focuses to achieve that goal by providing quality legal service for all our clients' needs.
Since the beginning of this year, our office has structured its practice to accommodate the rapidly increasing number of bankruptcy petitions filed each day here in South Florida. We now operate using the latest software and credit reports as well as detailed appraisal estimates to improve the likelihood that the court-appointed trustee assigned to your case will grant your discharge based on the valuation of your property and assets. Our office is conveniently located only 0.36 miles from the Southern District of Florida U.S. Bankruptcy Court in the heart of downtown Miami, and many clients prefer to meet us at our office so that we can walk to the required creditor's meeting together.
I am a former accounting and financial professional with over five years of experience as a chief financial officer. I am skilled in financial analysis and reporting, Generally Accepted Accounting Principles (GAAP), budgeting, forecasting, and organizational reengineering. Additionally, I have worked for the General Counsel at the Manhattan Borough President's Office where I helped to protect New York City residents from powerful corporate interests and provide oversight services such as housing code enforcement.
Nolo publishes many useful guides and how-to books for individuals looking to handle their own legal documents and proceed to file their own bankruptcy case without the counsel of an attorney. On the same token, there are many detailed step-by-step guides on how to repair your car's engine without a mechanic. Bankruptcy is a complex and statute-based legal vehicle that can give consumers a fresh new start, if done correctly. The potential for common errors and mistakes seen on many "pro se" or self-represented petitions are evidence of why there are so many attorneys who practice bankruptcy. Clients are welcome to educate themselves and encouraged to know as much as possible about their situation, but once they sit down with their pen, most clients find scheduling an appointment with our office is better than underlining key points on page 1 of their book.
This question by Nolo's profile correctly comes after the last, because some of our clients have tried to tackle their own bankruptcy case, eventually finding uncertainty and unanswered questions surrounding their petition. While our office accepts clients who have completed certain schedules on their petition, the process almost makes it more difficult to us if we have to go back and check each point, even on the less complicated forms, to make sure the amounts, exemptions, and values were all calculated correctly. Even if done correctly, it is almost easier to build a case from the beginning than to try and trace each step and source, many times resulting in additional questions to the client as the petition moves along.
As stated above, difficult questions will arise, and doubt will usually surround the answer without adequate legal counsel. Filing for bankruptcy is an action so intertwined with the law and statutes that it has it own Federal Bankruptcy Court, Judges, and Trustees. If a debtor wishes to represent themselves and soon finds that they need legal advice or "coaching," our office is willing to help them increase the likelihood that their petition isn't dismissed or certain debts aren't discharged.
Good people sometimes find themselves in difficult, even desperate circumstances. As a lawyer, I knew I would be presented with daily opportunities to help those in need. Using my legal expertise to help others is among the most satisfying things I have done in my life.
When I worked for the General Counsel at the Manhattan Borough President's Office, one of the issues we encountered was that the Americans with Disabilities Association was fighting for legislation to force taxicab companies to provide proper access for the disabled in New York City. It was during this time that I found such satisfaction in applying my legal knowledge and education to helping build a cause that would have no effect on myself or those I knew, but would dramatically increase the quality of life for others that needed it most. Now, years later, I find that same satisfaction practicing bankruptcy, helping individuals and families discharge their debt, keep their home, and ultimately lead a better life.
With my extensive accounting background and the genuine desire to help individuals and families through the difficult decisions in their lives, our firm chose to structure its practice around the most pressing legal issues facing South Florida's residents today: consumer bankruptcy and foreclosure defense.
Most law practices simply provide a professional service and clients are assisted and their needs are met. However, bankruptcy offers more for the attorney than just helping someone with a legal issue. When clients come into our office, many have a stack of unopened creditor envelopes, thousands of dollars in unaffordable medical bills, or a Notice of Foreclosure on the home their family sleeps in. After sitting down with these clients and hearing their stories, their struggles, and their future hopes, the feeling that comes with handing them a Notice of Discharge showing zero balances on their cards or a stay of foreclosure on the home is unlike any other experienced in the practice of law. Knowing that we not only provided a legal service to our client, but essentially changed their life, their family's life, and their future by giving them a fresh start or helping them keep their home makes practicing bankruptcy more than just a career.
I am a solo practitioner, so I personally oversee each step of my client's case, including the court appearances, creditor's meetings, and negotiations with the trustee.
This question should probably be answered by my clients rather than myself, but I believe that my empathy towards each individual debtor combined with the eagerness to help them achieve their financial goals are both my strengths and the strengths of my clients' petitions. When I work hard to discharge their debt, keep their property, and put them in a much better position than they were before we met, my strengths are reflected in their satisfaction.
One of the reasons I began working in private practice is that I believe that the quality of life a lawyer has outside the office will affect the level of productivity and professionalism exhibited during business hours. I also appreciate the freedom that comes with choosing which cases to take and how to specifically handle each issue, without having to get approval or consent from senior partners who have never even met the client. Outside the practice, I enjoy watching independent films, taking my four dogs to the park, working out with my friends, and playing basketball.
David Galan
(305) 374-2224
Monday through Friday
9:00 a.m. to 5:30 p.m.
Yes
Spanish
We tailor individual payment plans to each client based on their circumstances and ability to pay. A client is entitled to an additional discount with mention of our profile on Nolo.com.
Each individual debtor is quoted a set fee based on their specific debts, assets, and liabilities.
We offer our clients a free initial consultation to determine eligibility for filing bankruptcy.
We understand that clients looking to file for bankruptcy are struggling financially, so our retainers are negotiable and we will work towards building a feasible payment plan based on the clients' individual circumstances and the complexity of their case.
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