Thank you for visiting the website of Charles R. Hayes, P.A. Our primary focus is on General Business Practice, Bankruptcy, Real Estate Law, Estate Planning, Corporate Law, and Foreclosure Defense. We are located in North Naples on the corner of I-75 and Immokalee Road and service clients in Collier, Lee and Charlotte counties.
We pride ourselves on being a small firm that can provide unmatched personalized service to our clients. All aspects of your case will be handled by a knowledgeable attorney and your questions will be answered in a timely manner. You will be treated with respect and kept informed of the status of your case at all times. We are here to provide expert advice and guidance every step of the way.
2590 Northbrooke Plaza Dr. Suite 303
Naples FL 34119
Chapter 7 and Chapter 13
Our firm handles consumer and commercial bankruptcy cases. The most typical types of Bankruptcy include Chapter 7 and Chapter 13.
Chapter 7 is the most common bankruptcy accounting for 60-70% of all consumer bankruptcy filings. In a general sense Chapter 7 is a liquidation. A debtor seeking relief under Chapter 7 is willing to liquidate assets to satisfy his/her debts. It is important to note that not all assets will be liquidated (or surrendered). There are exemptions that allow a debtor to keep certain items. It is important to speak with an Attorney to determine which exemptions are applicable in a given case.
Chapter 7, in most cases, is the quickest way out of debt, but it is not available or advantageous for all people.
Chapter 13 is a reorganization or restructuring of debt. Chapter 13 allows a debtor to pay back some or all of their debt based on their ability to repay. The debtor in Chapter 13 submits a plan to the Court for the treatment of his/her creditors. Each plan is specifically tailored to each case.
Chapter 13 may allow the debtor to reduce principal balances on car loans and investment property, and in some cases can allow a second or third mortgage or equity line to be removed from a primary residence. Chapter 13 may also be able to help save your primary residence from foreclosure.
It is important to discuss your specific situation with an Attorney before making a decision on when or even if to file. All possible solutions should be explored, such as debt consolidation, a short sale, deed in lieu of foreclosure, or foreclosure defense.
Charles has been a member of the Florida Bar since 2007. He managed the bankruptcy department at a large Ft. Myers based firm where he managed a staff of 10 people (including attorneys) and oversaw the confirmation of hundreds of cases. In addition to Bankruptcy Law, Charles has also practiced Real Estate Law and Estate Planning. He has performed real estate closings and authored Wills, Trusts and other Estate Planning documents.
After graduating from Furman University with a B.A. in Business Administration, Charles attended Albany Law School in his home State of New York, where he focused on Tax Law and Estate Planning. Charles began his career at Wachovia Bank/Wachovia Securities before moving to Florida to follow his passion of practicing law. He also worked for a title company during law school where he examined title, issued title insurance policies, and represented clients at real estate closings.
Charles has also been a faculty member of the Nation Business Institute since 2009. He has given presentations on the Nuts and Bolts of Bankruptcy as well as the enhanced ethical requirements of an Attorney representing clients in Bankruptcy.
Memberships and Associations:
Middle District of Florida Federal Court
Collier County Bar Association
American Bar Association
Fort Myers Bankruptcy Attorney Professional Organization
J.D. Albany Law School, Albany, N.Y. (2005)
B.A. Furman University, Greenville, S.C. (2002)
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