Attorney James H. Monroe

James H. Monroe, P.A.

2507 Edgewater Drive
Orlando, FL 32804

(407) 872-7447
Fax (407) 246-0008

JamesMonroePA.com

Email: Attorney Jim Monroe
 
Jim has over 25 years experience as a skilled and professional bankruptcy lawyer. He prides himself on delivering quality, ethical, professional and effective legal representation to each and every client. His commitment to these principals is reflected in his membership and participation in various practice related professional associations. Jim offers personalized attentive service to his clients and will always be available to answer any questions that they may have.


Areas of Practice

Bankruptcy
  • Chapter 7: This is a liquidating bankruptcy and the most common bankruptcy case. In return for having debts discharged, the debtor must turn over to the bankruptcy trustee all property except for certain assets that Florida law allows the debtor to keep as exempt. The trustee sells the property and distributes the proceeds to the creditors according to priorities established by law. The principal advantage of Chapter 7 is that the debtor emerges from bankruptcy without any future obligations on his or her discharged debts.
  • Chapter 11 & 12: Other common types of bankruptcies in the state of Florida include Chapter 11 and 12. It is generally used by businesses, family farmers, or by individual debtors who do not qualify for Chapter 13 because of their substantial debts, and/or have assets that would be lost in Chapter 7. In a Chapter 11 case, the creditors are temporarily stopped from taking any action against the debtor while the debtor tries to work out a plan of reorganization. Such a plan may involve a method of paying all or part of the debts or claims. The debtor may also deal with taxes through a plan. The creditors vote on the plan that must be approved by the court. This is typically used to preserve an ongoing business or source of income that might otherwise be lost in a liquidation procedure.
  • Chapter 13: This case often used by individuals who want to catch up past due mortgage or car loan payments and keep their assets. In Chapter 13, the debtor must propose in good faith to pay all or part of the debts from future income over a period of time ranging from three to five years. If the court approves the plan of payment, the debts may be settled in this manner, even if the creditors are not willing to go along with the plan. If the debtor makes the payments as required, he or she will not have to surrender property to the trustee.
Debtor & Creditor Issues
  • Jim also represent creditors who are seeking payments on behalf of an individual or business', as well as the distribution of remaining assets in bankruptcy proceedings.