Frequently Asked Questions

At The Law Offices of Samuel S. Sorota, we take pride in providing effective legal services to our clients.

Why do I need a bankruptcy attorney?

If you are struggling with debt, you might feel as if hiring a lawyer would only add to your expenses. If you choose to file bankruptcy however, you need a lawyer who understands the process and can help you maximize the amount of debt you can get out of. By hiring an experienced bankruptcy lawyer, you end up saving more.

Does my spouse have to file bankruptcy along with me?

Simply put, the answer is no. Although you may share assets in a marriage, you both do not have to file bankruptcy together where only one spouse is in debt. Your spouse however, would have to provide information about his or her income and assets and that information would be among the factors used in determining what type of bankruptcy you would qualify for.

What is the difference between Chapter 7 and 13 Bankruptcy?

Chapter 7 Bankruptcy requires that your income be less than the median income in Florida or your state of residence. Your unsecured debts may be wiped out and some of your property which are deemed non-essential may be sold to repay a portion of your debts. Chapter 13 bankruptcy on the other hand, gives you the opportunity to restructure and pay your debts under a payment plan usually within 3-5 years.

Under Chapter 7 Bankruptcy, your home may be foreclosed if you are unable to make payments on your mortgage. Under Chapter 13 Bankruptcy however, you may retain your original mortgage and make payments over time.

How can I become a legal resident?

This would depend on your current immigration status. The process would typically begin after you may have obtained a family-based visa such as a K-1 visa or a work-based visa such as an H-1B visa. There are several available options and we would be happy to discuss them with you.

How can I file probate?

The probate process begins with the opening of the estate. The personal representative or the intended beneficiary would need to notify the court. Florida Law requires the personal representative to hire an attorney unless he is himself an attorney or the only beneficiary. An experienced probate attorney would guide you through the process of filing probate. Our law firm has vast experience in probate matters and we’ll be happy to assist you.