Evictions - Call for a free consultation 954-356-0450
Broward Eviction Defense Attorney David Langley
We remain open and available to assist our clients with their legal needs during the coronavirus pandemic. We can now take you through a complete bankruptcy action without you having to leave your home.
The State of Florida has imposed a moratorium on evictions throught August 1, 2020. Governor DeSantis has stated that he will extend this until September 1st. Once that expires we anticipate a flood of eviction cases as landlords try to collect past due rent. At least 2,672 evictions are pending in the state, with landlords just waiting for a green light to file eviction proceedings, according to the nonprofit Community Justice Project of Miami. The moratorium applies to residential properties, not commercial buildings.
Fort Lauderdale Eviction Defense
If this concerns you then we can help. We can defend a State Court eviction, negotiate with landlords who often would prefer an out of court resolution rather than a contested eviction or a bankruptcy. If a payment plan cannot be negotiated then a bankruptcy should be filed before the landlord obtains a judgment.
The first step in a residential eviction proceeding is the three day notice to pay rent, which must be served on you or posted on the property by the landlord. When that expires the landlord can file an eviction lawsuit. Note that a response must be filed within five days of service of the complaint, not the normal 20 days. You should contact an attorney before the five days runs. There may be defenses to the proceeding, such as an inadequate three day notice. We offer a free initial consultation. If needed, we can file a bankruptcy action to give you more time to get caught up on the rent. Leases are treated differently in bankruptcy than mortgage foreclosures, so you may not have much time to address the past due rent.Call us at 954-356-0450.
We handle Chapter 7,11 and 13 bankruptcy cases. We provide a free consultation to review your case and to provide you a chance to question our experience and abilities.
A small business can invoke the protection of Chapter 11 to stop an eviction, stop collection actions and hold levies at bay while developing a plan of reorganization. There is also a new Small Business Chapter 11 for businesses with debt of less than $2,725,625.00. The CARES Act recently passed by Congress has temporarily increased the debt limit to $7,500,000.00. The new provisions are designed to speed up the process and reduce the costs. However, in a Sub-Chapter V Small Business Chapter 11 a trustee distributes payments, so trustee fees will be charged.
If your business has suffered a temporary setback a Chapter 11 may give you the time you need to get caught up on bills. It also provides a forum to negotiate with all creditors in a setting favorable to the business. Chapter 11 can also be used to liquidate a small business in an orderly fashion. Call us if you would like an assessment of whether a filing 11 can help your business. We work hard for our clients to find the right solution for any business situation. David Langley has been practicing in the Fort Lauderdale area for over 30 years and can assist you with your financial problems.
Bankruptcy protection also provides a means to stop IRS collection procedures for a period of time while payments are made. Bankruptcy Code § 362, which grants debtors automatic relief from collection activity, applies to the IRS in the same manner as other creditors. Priority and non-priority taxes can be treated in a plan and paid out over time. This may allow a business which has been seized by the IRS to re-open and operate without interference from the IRS or other creditors.
Call us to see if there might be a strategy to help you or your business at 954-356-0450.
Bankruptcy Lawyer - AV Rated by Martindale-Hubbell for over 20 years
Member: Florida Bar, Federal Trial Bar,Southern District of Florida, Bankruptcy Bar Association, Broward County Bar Association, Commercial Law League of America, American Bankruptcy Institute.
David W. Langley is a bankruptcy attorney licensed to practice only in the State of Florida.
We are a Designated Debt Relief Agency under Federal Law and We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
Law Offices of David W. Langley
8551 W. Sunrise Blvd., Suite 303, Plantation, FL 33322
Phone: (954) 356-0450
Fax: (954) 356-0451
For an appointment call (954) 356-0450
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