“I am truly grateful that I was pointed to CAVA and that the universe placed us together. Vanessa has always made me feel human in this process and I thank her for her patience and kindness throughout…you are very much appreciated.“
Owning property in South Florida comes with challenges, especially when neighbors dispute property lines. A fence built over your lot, a driveway claimed by someone else, or a disagreement over a tree line can quickly become a legal dispute. These conflicts can delay development, block sales, and cause long-term frustration.
A property attorney can help you evaluate your options, understand Florida law, and prevent escalation. Legal support is critical, whether it’s negotiating a peaceful resolution or filing a court action to confirm your rights. Missteps in these matters can have lasting consequences—financially and legally.
At CAVA Law, we work with residential and commercial property owners throughout South Florida. We handle informal disagreements and litigated disputes alike, helping clients protect their boundaries and preserve property value. Our boundary dispute attorney provides clear, strategic guidance from our Coral Gables office, aiming to resolve conflicts without unnecessary delay or expense.
Most boundary conflicts arise from misunderstandings, not malice. Inaccurate surveys, confusing deeds, or decades-old fences can create disagreements that don’t reflect actual property lines. Florida law offers multiple avenues for resolving these disputes, but early legal involvement is key.
Some common causes include:
We evaluate the facts of each situation and develop a resolution strategy. Sometimes this means informal communication and new surveys. Other times, it requires court involvement through quiet title actions or declaratory relief.
CAVA Law takes a practical, resolution-focused approach to property boundary conflicts. When you work with our firm, we start with a thorough review of your documents—deeds, surveys, plats, and HOA rules—and then tailor a plan based on the unique aspects of your case.
In many instances, boundary disputes can be resolved without court involvement. We initiate conversations with the other party, present legal evidence, and work toward an agreement that preserves your rights and avoids escalation. If litigation becomes necessary, we will pursue formal remedies through Florida’s courts to clarify ownership and defend your interests.
Because boundary cases often involve title implications, we ensure any resolution accounts for future property transactions, such as refinancing, improvements, or sale.
Many clients delay seeking help until the situation becomes unmanageable. However, early legal support often prevents additional costs and complications. If you’re unsure whether to involve an attorney, consider these red flags:
If any of these apply, speaking with our boundary dispute attorney can help you understand your options. We assess the strength of your position and help you move toward a solution that protects your property and your time.
We review your deed, surveys, and recorded easements or property descriptions. This step helps identify whether your documents support your position or if inconsistencies need clarification. When necessary, we coordinate with licensed surveyors to generate updated reports that accurately reflect your property lines.
Once we’ve gathered the relevant information, we formally communicate with the other party. This typically includes legal references, survey results, and a summary of your position. Many boundary disputes are resolved at this stage without litigation, especially when the issue stems from confusion rather than hostility.
If informal efforts aren’t successful, we move toward filing a legal action. This could involve a quiet title claim or a request for declaratory relief to confirm your ownership rights. These proceedings allow the court to resolve uncertainties and issue a final decision regarding the disputed boundary.
After the matter is settled, we assist with updating any relevant documents. This may include recording a corrected legal description, revising title records, or filing agreements that reflect the outcome. With a boundary dispute attorney guiding each step, you’ll have the legal documentation needed to avoid future complications.
Boundary disputes are often just one part of a larger legal picture. We regularly help clients address overlapping concerns, including:
HOA-related enforcement can become part of the boundary conflict for properties within associations. If your HOA claims you’ve violated architectural rules or encroached on common property, our team will review the governing documents and Florida law to determine your rights. A skilled boundary dispute attorney helps resolve these matters with a clear understanding of property statutes and HOA obligations.
Is a fence always proof of a boundary?
No. Fences often reflect convenience or prior assumptions, not legal boundaries. A professional survey is more reliable.
Can a neighbor gain my land through long-term use?
Possibly. Florida’s adverse possession laws allow claims under specific conditions. We can help assess and challenge such claims.
Will this affect my ability to sell my home?
Yes. Unresolved boundary issues can delay or block a sale, especially if title insurance is involved.
What if both surveys conflict?
We analyze both and may recommend a third, independent surveyor. Legal interpretation and evidence often determine which is upheld in court.
Do I need to go to court to resolve a dispute?
Not always. Many disputes are resolved through negotiation or formal agreements without litigation.
Boundary disputes can be intensely frustrating, especially when they interfere with your home, business, or future plans. These issues don’t just stay on paper—they affect how you live and use your property daily.
CAVA Law helps you take control of the situation. From reviewing your title documents to presenting your case in court, our boundary dispute attorney is prepared to protect your rights and secure a lasting resolution.
If you’re facing a boundary conflict in Coral Gables or the surrounding areas, schedule a consultation with our team. We’re here to help you move forward with confidence and clarity.
Disputes with a homeowners association (HOA) often extend beyond minor disagreements—they can lead to legal claims affecting your property rights, marketability, and overall home value. Issues like improper liens, disputed assessments, and unauthorized rule changes can create serious real estate complications. Whether you’re a homeowner or part of an association board, it’s essential to understand how Florida real estate law governs these matters.
An HOA attorney plays a critical role in protecting your real estate interests. Legal support ensures compliance with Florida’s statutory requirements, clarifies obligations under governing documents, and provides options when disputes threaten property use or ownership. Attorneys also help avoid legal missteps resulting in liens, title defects, or failed transactions.
At CAVA Law, LLC, we focus on real estate law and the many issues between homeowners and associations. Our Coral Gables-based firm advises clients across South Florida on disputes that impact their property rights, including enforcement actions, lien challenges, and governance concerns. We offer strategic, responsive representation tailored to your specific situation.
Most HOA disputes involve a core real estate issue. From architectural restrictions to assessments for shared infrastructure, these conflicts directly affect the use and value of residential property. For example, a violation notice related to an exterior improvement might halt a home sale. An improperly filed lien could cloud the title and prevent financing. These are not just association issues but real estate problems with legal consequences.
Our role is to assess the legal impact of HOA actions on your property and determine whether those actions comply with Florida real estate and association laws. We review governing documents, examine title records, and evaluate whether procedural rules were followed. This approach allows us to respond quickly and effectively, whether the goal is resolving the issue quietly or taking it to court.
HOAs must follow the terms of their declarations, bylaws, and covenants—legally binding documents recorded as part of your real estate title. These documents carry the weight of contract law and must be enforced according to Florida statutes. If your HOA imposes a restriction or assessment that lacks authority under the governing documents, that action may be unenforceable.
We help homeowners contest improper fines, excessive assessments, and selective enforcement. We advise on compliance enforcement procedures for associations and help reduce legal exposure during disputes. Because these documents impact the legal status of the property itself, our review focuses on long-term implications, including how violations or unpaid assessments could affect resale or refinance options.
Florida law allows HOAs to file liens for unpaid assessments, which can interfere with real estate transactions and even result in foreclosure. When handled improperly, these filings can lead to legal exposure and title complications. We represent homeowners challenging the validity of liens, disputing amounts, or seeking a resolution that protects their property rights.
We provide legal guidance for association boards to ensure that lien procedures and assessment enforcement follow Florida’s statutory requirements. Any procedural misstep can invalidate the action and open the door to disputes. Our approach focuses on resolving these matters in a way that avoids prolonged litigation and limits risk to the property.
HOA rules often dictate what homeowners can build, how they can use their property, and even whether they can lease it. These restrictions can limit resale value, block intended improvements, or interfere with investment strategies. If a rule change is adopted without proper notice or violates Florida law, homeowners may have grounds to challenge it.
Our firm assists in reviewing new or revised restrictions to determine their enforceability. We advise on grandfathering protections and whether restrictions can legally apply to existing owners. We provide guidance on proper rule adoption and amendment processes for boards to ensure legal standing.
Boards are responsible for running the association in accordance with governing documents and Florida statutes. Poorly managed elections, lack of transparency, or failure to maintain meeting records can lead to disputes that impact community stability and property values. We help board members understand their legal responsibilities, structure valid meetings, and avoid procedural errors that can result in litigation.
For homeowners concerned about board decisions, we evaluate whether the board acted within its legal authority and whether appropriate remedies exist. When disputes escalate to litigation, we’re prepared to represent either side, clearly focusing on protecting real estate interests throughout the process.
Can an HOA lien stop me from selling my home?
Yes. An active HOA lien can cloud the title and delay or prevent a sale until it’s resolved. We help review lien validity and negotiate releases to clear the title quickly.
Are HOA covenants legally binding in Florida?
Yes. Recorded HOA covenants are part of the property’s chain of title and enforceable under Florida real estate and contract law, provided they follow statutory requirements.
Can the HOA foreclose on my property?
If assessments go unpaid and proper notice is given, Florida law allows HOAs to pursue foreclosure. However, certain defenses may apply depending on how the debt and lien were handled.
How can I dispute a fine from my HOA?
You may request a hearing or challenge the fine based on the HOA’s governing documents and Florida law. We help evaluate whether the fine is enforceable and if procedures were followed.
Disputes with an HOA can have consequences—lien filings, blocked sales, legal fees, and diminished property value. These issues are not just administrative—they are deeply connected to real estate ownership and your legal rights.
At CAVA Law, LLC, we focus on resolving HOA disputes with attention to real estate law. We take the time to understand your goals and evaluate how the association’s actions may affect your property. Our advice is grounded in experience and continuously aligned with Florida statutes and recorded instruments.
If you’re facing a legal issue involving your HOA, we’re ready to help. Visit CAVA Law, LLC to learn more, or contact us today to schedule a consultation.
Falling behind on mortgage payments can lead to a foreclosure lawsuit. In Florida, lenders can file suit through the courts, and homeowners must respond quickly to avoid default and the risk of losing their homes.
This is where legal support matters. A foreclosure defense attorney helps you understand the process, respond on time, and identify defenses—whether due to documentation issues, loan servicing errors, or financial hardship.
At CAVA Law, we represent South Florida homeowners facing foreclosure. From our Coral Gables office, we help clients pursue options like loan modifications, short sales, settlement negotiations, and court defense. We approach each case with a focused strategy shaped by your goals and the specifics of your situation.
Foreclosure defense involves more than one tactic—it’s a combination of legal and practical tools that can delay, prevent, or resolve a foreclosure case. What works best depends on the timing, the lender’s actions, and your long-term goals. Below, we break down common strategies and explain how our firm approaches these cases in Florida.
Florida’s foreclosure process is court-driven, which gives homeowners a formal chance to respond—but only if action is taken quickly. You can contest the foreclosure, apply for relief, or negotiate an alternative solution before losing your property.
Common options include:
Each option comes with legal and financial tradeoffs. Our foreclosure defense attorney can help you determine what’s available based on your circumstances and what strategy protects your long-term interests.
Not every foreclosure is valid from the start. We routinely identify issues that can stop or slow a case, including:
Sometimes, the lender pursuing foreclosure isn’t the party that originated the loan. If the chain of assignment isn’t clear or the documentation is incomplete, the court may dismiss or delay the case. These errors are more common than most borrowers realize, especially with loans that have changed hands multiple times.
Even a simple oversight, such as a missing signature or deadline violation, can create grounds for delay or dismissal. Identifying these details early is critical. Our firm evaluates each case individually to determine whether defenses exist and whether litigation or negotiation makes more sense.
Once a foreclosure complaint is filed, Florida law gives homeowners 20 days to file a response. If you miss that window, the lender can seek a default judgment, and the opportunity to raise defenses may be lost.
Beyond the courtroom, timely legal action can also lead to better outcomes with the lender. The earlier you seek legal help, the more time there is to explore relief options, gather documentation, and apply pressure for resolution.
Working with our foreclosure defense attorney ensures filings are submitted on time, legal rights are preserved, and the case is approached with a clear strategy. Even if you’re considering a loan modification or settlement, having representation strengthens your position during every stage of the process.
Foreclosure cases aren’t just about filing defenses—they’re about reading the timing, identifying leverage points, and minimizing risk. At CAVA Law, we focus on where your case stands procedurally and financially before deciding whether to push for resolution, dispute the claim, or prepare for trial.
If the lender has skipped steps or made errors in documentation, we raise those issues early. If there’s a chance to negotiate a better outcome, such as a waiver of deficiency or delay in sale, we do so without giving up legal ground.
We also manage communication with opposing counsel and ensure procedural deadlines are met. This keeps you protected and gives you more control over the outcome—whether you’re trying to save the property or exit without long-term damage.
Do I need to respond to a foreclosure complaint in Florida?
Yes. Once you’re served, you typically have 20 days to respond. Failing to respond allows the court to enter a default judgment in favor of the lender.
Can I apply for a loan modification after foreclosure has started?
In most cases, yes. Many lenders are still open to workout options even after a foreclosure case is filed, especially if there’s a valid hardship and supporting documentation.
Does hiring a foreclosure defense attorney stop the process?
While it doesn’t stop the process automatically, working with our foreclosure defense attorney can help you assert legal defenses, negotiate with your lender, and potentially delay or prevent the foreclosure through appropriate legal channels.
Will foreclosure affect my ability to buy another home?
Yes, a foreclosure can impact your credit and affect your ability to qualify for a mortgage in the near future. However, the effects may be reduced if the case is resolved through a negotiated outcome rather than a judgment.
Foreclosure is a legal process with serious financial and personal consequences—but it’s not one you must face alone. With the right legal strategy and timely action, you may be able to protect your home, negotiate better terms, or pursue a dignified exit that minimizes long-term impact.
At CAVA Law, we help South Florida homeowners navigate foreclosure with clarity and confidence. Whether you’re exploring loan modification, disputing a lender’s claims, or seeking more time to resolve your situation, our team is here to guide you every step of the way.
Conflicts involving property can quickly affect your finances, business operations, or ability to move forward with a sale or project. In South Florida’s competitive market, these disputes often involve contract disagreements, title issues, or challenges between co-owners. Some matters escalate due to missed deadlines, unclear rights, or miscommunication between parties.
When these situations arise, it helps to have legal counsel with experience in real estate litigation. We work with clients to understand the details of their property dispute and take steps to enforce their rights or reach a workable resolution. Whether that means pursuing a formal claim or working through negotiations, our firm handles each case with focus and practical insight.
At CAVA Law, real estate is a core part of our work. Our background includes litigation and transactional work involving residential and commercial properties. We’ve represented individuals, landlords, and business owners across South Florida regarding property transfers, partition actions, landlord-tenant conflicts, and related contract disputes. Each case is approached individually, and we stay involved at every stage to help guide your decisions.
Property conflicts in Florida can stem from a wide range of situations. Some involve contract disputes, such as disagreements over a sale, lease, or option agreement. Others revolve around ownership challenges, title defects, or conflicts between co-owners when responsibilities or rights aren’t clearly defined.
We’ve worked with clients where buyers walked away from a signed agreement, sellers refused to close, or deadlines were missed due to unclear terms. In other cases, disagreements arose over shared expenses or access to jointly owned property, particularly in multi-unit buildings or inherited estates.
Each dispute carries its own set of documents, facts, and expectations. Our real estate litigation attorney can help clarify the issues and structure a strategy supporting your position, whether the solution is negotiation or litigation.
When property is jointly owned, disagreements about its use, management, or sale can create serious roadblocks. Partition actions allow the court to resolve these standstills by dividing the property physically or ordering its sale and distributing proceeds equitably. These cases are especially common when heirs inherit real estate together or former business partners no longer align.
Our firm represents clients throughout this process—from initiating the action to handling appraisals, title evaluations, and filings. In some situations, we may explore alternatives like buyouts or settlement agreements to avoid prolonged litigation.
Understanding partition law, ownership rights, and procedural steps is essential, and that’s where legal guidance makes the difference.
Title problems can delay closings, block financing, or expose property owners to unexpected claims. A quiet title action helps resolve these issues by eliminating competing interests, correcting record errors, or clarifying inheritance-related claims. These cases are often necessary when past transfers weren’t properly recorded or when liens or judgments affect the property’s marketability.
At CAVA Law, we assist clients in identifying the root cause of title conflicts and pursuing the appropriate legal process. This often involves collaboration with title companies, public records offices, and surveyors to confirm legal boundaries and ownership.
If you’re unsure whether you hold a clean title or a third party has asserted a claim, working with our real estate litigation attorney can help you confidently move forward.
Lease disputes can lead to serious consequences in both commercial and residential settings—missed rent, property damage, or business disruptions. Common conflicts include disagreements about lease renewal terms, early termination conditions, repair obligations, or accusations of breach. These matters require a close reading of the lease and understanding of the applicable statutes.
We represent landlords looking to enforce agreements and commercial tenants who may need help defending against a demand or resolving a communication breakdown. Our approach includes reviewing lease terms, evaluating payment history, and identifying remedies allowed under Florida law.
With experience in real estate matters across South Florida, we provide practical support for landlord-tenant conflicts while protecting your legal and financial interests.
Every real estate deal relies on a contract, and when one party doesn’t deliver, legal action may be required. Contract-related disputes often involve missed deadlines, failure to complete inspections, deposit issues, or conflicting interpretations of terms. If not addressed quickly, these disagreements can stall closings and lead to financial loss.
We represent clients on both sides of the dispute, whether enforcing purchase agreements or defending against breach claims. Our work includes examining transaction records, timelines, and communication to determine what obligations were met and which weren’t.
If a deal is falling apart or an agreement is under challenge, a real estate litigation attorney can help you assess next steps, assert your rights, and minimize risk moving forward.
What is a partition action?
It’s a legal process used when co-owners of a property cannot agree on how to manage or sell it. The court can either divide the property, order its sale, and divide the proceeds.
What types of real estate disputes does your firm handle?
We represent clients in contract disputes, partition actions, quiet title matters, landlord-tenant issues, and related real estate conflicts across South Florida.
Can you help if there’s a title issue blocking a sale?
Yes. We assist with resolving title disputes, including quiet title actions so that properties can be sold or refinanced without delays.
Do all disputes go to court?
Not always. Some matters are resolved through informal negotiation, but when court involvement is necessary, a real estate litigation attorney can handle filings and discovery and represent you through hearings or trial if necessary.
Real estate disputes can disrupt your plans, delay transactions, and create costly complications—but with the proper legal guidance, they don’t have to. Whether you’re dealing with a co-ownership conflict, title issue, lease dispute, or contract disagreement, experienced counsel can help protect your rights and move your case toward resolution.
At CAVA Law, we bring a focused, strategic approach to real estate litigation across South Florida. From negotiation to courtroom representation, we’re here to help you navigate the legal process with clarity and confidence, so you can move forward with your property goals intact.
Chapter 11 bankruptcy is often associated with larger corporations, but it can also be used by individuals and smaller businesses with significant debt or complex asset structures. Unlike other forms of bankruptcy that involve liquidation or rigid repayment terms, Chapter 11 is built for reorganization. It allows filers to restructure debt obligations while retaining control over daily operations.
At CAVA Law, we represent clients across South Florida who need bankruptcy court protections while continuing to manage their businesses or protect valuable assets. From the initial petition through plan confirmation and ongoing compliance, we manage filings that require precision, planning, and legal discipline.
These cases often involve multiple moving parts—contract negotiations, secured claims, leases, tax issues, and regulatory considerations. Whether you’re trying to stabilize cash flow, prevent creditor litigation, or reorganize a company with long-term viability, working with a Chapter 11 bankruptcy attorney ensures that each step of the process is strategically structured and legally sound.
Chapter 11 is the most complex form of bankruptcy under federal law. It offers flexibility but demands extensive documentation, clear proposals, and the ability to meet specific legal benchmarks. Most cases involve businesses that want to stay operational while reducing or renegotiating debt.
This process typically starts with thoroughly reviewing our clients’ assets, liabilities, contracts, and cash flow. The court expects a transparent financial history and a workable plan of reorganization. We help build that foundation before filing so your case enters court with a structure that can withstand creditor review and judicial scrutiny.
One of the defining features of Chapter 11 is the debtor-in-possession status. That means you retain control over your business or financial affairs throughout the case, subject to court oversight. This structure allows filers to renegotiate leases, settle claims, reduce interest obligations, or sell unprofitable segments—all under the protection of the bankruptcy code.
As your Chapter 11 bankruptcy attorney, we manage all case filings, work directly with the U.S. Trustee’s office, and engage with creditors during the disclosure and plan process. We also monitor compliance with court orders, reporting requirements, and ongoing operations as the case unfolds.
Creditors may form a committee to represent their collective interests, and we prepare for that possibility early. We ensure that communications are timely and that your plan clearly addresses secured and unsecured claims. The plan becomes the roadmap for how debts will be resolved, restructured, or paid over time. Approval requires a confirmation hearing and often a vote of affected creditors.
Timing is another critical element. While Chapter 11 provides space for restructuring, courts expect measurable progress. Missed deadlines or poorly structured plans can result in losing control or conversion to a different chapter.
We help clients stay on track through case management, proactive communication, and ongoing analysis of the financial picture. This includes adjusting the plan and responding to court inquiries or creditor objections in real time.
Sometimes, a streamlined form known as Subchapter V may be available. This provision is intended for qualifying small businesses and offers faster timelines, reduced procedural burdens, and simplified plan requirements.
We determine early on whether Subchapter V fits your case and guide you through the filing if eligible. It may reduce costs and limit creditor interference, but it requires detailed preparation.
It’s important to note that Chapter 11 is not only used by businesses. High-income individuals with complex debts, real estate holdings, or investment obligations may also use it to restructure personal liabilities.
These cases often involve multiple creditors, tax concerns, and court-monitored cash flow arrangements. We provide a legal structure to protect our clients’ property interests while working toward a plan that addresses long-term obligations.
The automatic stay remains in place throughout the case, protecting assets from foreclosure, lawsuits, and creditor action. This legal shield allows for breathing room, but it must be used effectively. Courts require honest disclosure and consistent updates.
We take an active role in every phase of the case, ensuring deadlines are met, filings are accurate, and creditor concerns are appropriately handled as your Chapter 11 bankruptcy attorney.
Confirmation of a Chapter 11 plan signals court approval of your proposed resolution. This often includes reduced principal balances, renegotiated loan terms, or consolidated payment structures. Once confirmed, the plan becomes enforceable, and debt repayment continues under court supervision.
Can Chapter 11 stop pending lawsuits or foreclosures?
Yes. Once filed, the automatic stay halts most creditor actions, including litigation, foreclosures, repossessions, and collection efforts.
Is Chapter 11 only for corporations?
No. Individuals and small businesses may also file for Chapter 11, especially when other chapters aren’t viable due to high debt or asset complexity.
What’s the difference between Chapter 11 and Subchapter V?
Subchapter V is a simplified version of Chapter 11 for eligible small businesses. It offers shorter deadlines, reduced procedural requirements, and removes some creditor voting requirements.
How long does a Chapter 11 case last?
It varies. Some cases reach plan confirmation within six months; others take over a year, depending on the complexity, creditor negotiations, and court involvement.
Can I operate my business while in Chapter 11?
Yes. Debtors typically retain control as a “debtor in possession,” though major decisions may require court approval. We advise on what actions require notice or court consent.
Chapter 11 bankruptcy can be a powerful tool for businesses and individuals facing significant debt but seeking to preserve control of their assets and operations. Its flexible structure and strong legal protections allow for thoughtful, strategic reorganization rather than liquidation—provided the process is managed with care and expertise.
At CAVA Law, we help clients across South Florida navigate the complexity of Chapter 11 with precision, advocacy, and personalized guidance. Whether you’re a business owner restructuring operations or an individual reorganizing personal finances, we are here to help you regain control and move forward with confidence.
Family farmers and fishermen face unique financial pressures—unpredictable harvests, weather events, and fluctuating markets. When income becomes unstable and creditors begin to apply pressure, Chapter 12 bankruptcy may offer a way to reorganize obligations while preserving the operations that support your livelihood.
At CAVA Law, we represent eligible clients throughout South Florida in filing for Chapter 12 bankruptcy. We provide guidance on preparing a court-approved repayment plan, addressing secured and unsecured debt, and meeting all legal requirements while continuing daily operations.
Chapter 12 is a specific provision of the U.S. Bankruptcy Code tailored to the needs of family farmers and fishermen with regular annual income. It offers many of the benefits of Chapter 13 but with provisions that recognize the seasonal nature and operational demands of agricultural and fishing work.
As your Chapter 12 bankruptcy attorney, we handle everything from evaluating eligibility to submitting petitions and repayment plans. We aim to help you retain ownership of your land, equipment, and core assets while creating a realistic path to resolve your financial obligations over time.
Chapter 12 allows qualifying individuals to:
Our firm offers legal support to individuals and businesses across South Florida facing financial strain. With experience handling bankruptcy matters under Chapters 7, 11, 12, and 13, we understand how to navigate the court’s requirements while staying focused on each client’s long-term needs.
At CAVA Law, we emphasize:
We take a practical, client-specific approach, ensuring that each filing is prepared carefully and structured to protect what matters most.
Chapter 12 is designed for individuals or married couples who are actively engaged in a farming or commercial fishing operation. To qualify, more than 50% of total income must come from that activity, and a significant portion of the debt must be directly tied to it. Debt thresholds are capped, and the business must be ongoing, not paused or passive. These requirements differ slightly between farmers and fishermen. As your Chapter 12 bankruptcy attorney, we assess eligibility early, reviewing income streams, creditor types, and business structure to ensure the case meets federal criteria before filing.
Repayment under Chapter 12 typically occurs over three to five years, depending on your income structure and debt obligations. The plan addresses secured debts, like equipment loans or land mortgages, and covers priority debts, including certain taxes and domestic support.
Unsecured creditors may receive partial payments based on available disposable income. Plans can be adjusted around seasonal fluctuations, which is crucial for agricultural and fishing clients.
We carefully prepare the plan, balancing legal compliance with your operation’s ability to remain stable. Our role as a Chapter 12 bankruptcy attorney includes managing the filing details, structuring the repayment proposal, and ensuring all required disclosures are properly submitted.
Once the petition is filed, an automatic stay goes into effect, stopping most collection actions, including foreclosure, lawsuits, and asset seizures. The court appoints a trustee who reviews your petition and repayment plan. A Meeting of Creditors, known as the 341 meeting, is then scheduled. The trustee may ask questions about income, expenses, asset valuations, and plan terms. We will attend this meeting with you, prepare your documents, and respond to all inquiries. Our involvement limits the chance of delays or objections and allows you to stay focused on the day-to-day management of your business.
Chapter 12 offers several legal advantages not available in Chapters 11 or 13. It allows for more favorable treatment of tax obligations and flexibility in how and when debts are repaid. Debtors can restructure secured loans by reducing balances to the collateral’s market value and extending repayment terms. Administrative costs are generally lower than Chapter 11, and the process moves more efficiently. For those whose income varies seasonally or is tied to commodity cycles, Chapter 12 is often the only practical fit. We recommend this chapter only when it aligns with your business goals and legal position.
Can Chapter 12 stop foreclosure on farmland or fishing equipment?
Yes. The automatic stay applies immediately after filing, temporarily halting foreclosure, repossession, and most collection efforts.
How long does the repayment plan last?
Most Chapter 12 repayment plans last three years, but extensions up to five years are available when necessary.
Do I need to liquidate my property under Chapter 12?
No. Chapter 12 is designed for reorganization, not liquidation. You usually retain your property and continue operating while repaying your debts.
What happens if income drops during the plan?
If your income decreases due to seasonal issues, weather, or market changes, it may be possible to request a plan modification. Your Chapter 12 bankruptcy attorney can help you document the change and present the request to the court.
Is Chapter 12 only for individuals?
No. Partnerships or corporations that are majority-owned by a family and engaged in farming or fishing may also qualify, depending on the structure and source of income.
Chapter 12 bankruptcy offers a lifeline for family farmers and fishermen facing financial hardship. It allows them to reorganize debt without sacrificing the operations that sustain their livelihood. With its tailored protections and flexible repayment structure, Chapter 12 uniquely suits the challenges of seasonal and commodity-based industries.
At CAVA Law, we understand what’s at stake. Our experienced legal team is committed to helping South Florida clients navigate the Chapter 12 process with clarity and confidence. If you’re facing mounting financial pressure, contact us to explore whether Chapter 12 is the right solution for protecting your future.
Unexpected financial setbacks can quickly put individuals and families under pressure, especially when mortgage arrears, credit card debt, or tax obligations start to pile up. For individuals with regular income, Chapter 13 bankruptcy may offer a legally protected way to address debt without forfeiting assets or facing foreclosure.
At CAVA Law, we guide South Florida residents through the Chapter 13 process with care and years of experience. We focus on practical legal strategies that help clients regain financial control through structured repayment while complying with court expectations.
Chapter 13 bankruptcy offers a repayment plan to help individuals resolve outstanding debt over three to five years. Unlike Chapter 7, which involves liquidation, Chapter 13 is based on reorganizing debt without requiring the sale of your property. This option is commonly used by individuals who are behind on their mortgage, need time to resolve tax obligations, or want to restructure unsecured debts.
When representing a client in Chapter 13 bankruptcy, we look at more than their outstanding balances. We assess their income, necessary expenses, exempt assets, and long-term financial objectives. This lets us recommend a plan that the court can approve—and that the client can realistically maintain.
Our firm’s bankruptcy attorneys ensure that every required schedule, disclosure, and plan detail is submitted correctly and supported. Our goal is not only legal compliance but also sustainability for the client over the whole life of the plan.
We don’t apply a one-size-fits-all model to bankruptcy. Every case we handle is assessed on its own terms, and every client receives direct attention. Our firm is based in South Florida, and our attorneys have represented debtors and creditors in bankruptcy court. That experience allows us to anticipate common issues, structure more effective repayment strategies, and respond quickly to any challenges raised during the process.
Clients choose CAVA Law because we provide:
As your Chapter 13 bankruptcy attorney, we manage the filing process with precision, ensuring your repayment plan aligns with court standards and your financial goals.
To qualify for Chapter 13, you must have regular income and meet the debt limits established under federal law. The process begins with filing a petition with the bankruptcy court and documentation of your assets, liabilities, income, expenses, and recent financial history.
Our firm assists with every stage of the initial filing, ensuring all required disclosures are included and accurate and that the plan proposed is feasible under your budget and the Bankruptcy Code.
The repayment plan outlines how you will repay all or part of your debts. Priority obligations—like recent taxes or child support—must be paid in full. Secured debts, such as mortgages and car loans, can often be paid over time to prevent foreclosure or repossession.
Unsecured debts may be paid in part or in full, depending on your income and assets. In many cases, remaining unsecured balances may be discharged after the plan is completed.
Once the plan is filed, the trustee and creditors can review it. If no objections arise or they are resolved, the plan is confirmed, and monthly payments begin.
Chapter 13 cases involve a trustee appointed by the court. The trustee reviews your plan and financial documentation, conducts the Meeting of Creditors (also called the 341 meeting), and distributes payments to creditors.
We communicate with the trustee throughout the case, making sure required updates are submitted, objections are addressed, and payments are properly managed.
Many unsecured debts may be discharged at the end of a successful Chapter 13 plan. However, not all obligations can be eliminated. Debts like alimony, child support, and certain tax debts are typically non-dischargeable.
We help clients understand which debts may be reduced or resolved through the plan, and which must be addressed in full.
How long does a Chapter 13 case last?
Most repayment plans last between three and five years, depending on your income level and the type of debt you’re reorganizing.
Can Chapter 13 stop foreclosure?
Yes. Filing Chapter 13 immediately stops foreclosure through the automatic stay. Past-due mortgage payments can be paid over time in the plan.
Do I need to go to court?
You’ll be required to attend a 341 Meeting of Creditors. Additional hearings may occur if objections or modifications are needed, but in many cases, your Chapter 13 bankruptcy attorney can appear on your behalf.
Will Chapter 13 affect my credit?
Yes, a Chapter 13 bankruptcy will appear on your credit report for seven years from the filing date. However, many clients can begin rebuilding credit during the repayment period by maintaining timely payments and managing new credit responsibly.
What happens if I can’t make a payment during the plan?
If your financial situation changes, it may be possible to modify the plan. We assist clients with modification requests when appropriate and help ensure the court and trustee receive timely notice.
Can I pay off the plan early?
In some situations, early payoff is possible, but it may affect how much you’re required to repay to unsecured creditors. We advise clients based on their specific plan terms and goals.
Whether you’re facing foreclosure, tax enforcement, or rising unsecured debt, our firm provides clear legal options backed by detailed filing support and responsive communication. Call us today to discuss your case, answer your questions, and start the path towards financial freedom.
The attorneys at CAVA Law offer comprehensive legal services in debt recovery and insolvency matters, representing both creditors seeking to collect debts and borrowers, debtors, and individuals facing financial challenges. Our team is well-versed in Florida’s debt collection and default rules, providing expert guidance to clients across the state.
We have extensive experience in pursuing civil litigation on behalf of businesses, individuals, and governmental agencies to recover debts or collateral. Our legal actions include mortgage foreclosure, eviction, ejectment, replevin, breach of contract, and quiet title. With a strong foundation in bankruptcy law, reorganizations, and insolvency, we navigate the bankruptcy process to protect our creditor clients’ interests if a borrower declares bankruptcy. We advise our clients on the various options available for monetary recovery or collateral acquisition, ensuring a nuanced understanding of the debt recovery process to achieve a just legal outcome.
We also provide legal assistance to borrowers, debtors, and individuals facing financial difficulties. We help our clients navigate complex financial situations, including negotiations with creditors, reorganization strategies, and ensuing litigation. We work closely with our clients to explore all available options for debt relief, ensuring they receive the best possible legal guidance and support during challenging times.
At CAVA Law, our goal is to provide comprehensive and compassionate legal services to all parties involved in debt recovery and insolvency matters, ensuring that each client receives personalized attention and expert legal advice tailored to their specific needs.
CAVA Law offers its clients concrete legal strategies that permit them to address debt-related legal concerns through the Bankruptcy Courts. Our team’s vast experience has allowed the firm to counsel diverse clients through insolvency proceedings; whether you’re a debtor, creditor, individual, small business, or large corporation, we have the skill and experience to navigate your bankruptcy case.
We develop a unique strategy for each client depending on the legal issues. Our team is adept at navigating cases through Chapters 7, 11, 12, and 13 of the Bankruptcy Code, through Assignment for the Benefit of Creditors (“ABC cases”) in Circuit Civil Courts, and through mediation and arbitration when the matter requires it.
The firm’s strategies when approaching insolvency and financial risk are designed to provide clients with a plan of action that will lead them towards financial security.
At CAVA Law, we provide personalized legal representation and guidance to help clients make informed decisions during financial uncertainty.
The U.S. Bankruptcy Code offers different legal frameworks depending on a client’s financial structure, income, and obligations. At CAVA Law, we guide individuals and businesses in South Florida through these options, focusing on protecting what matters most while addressing debt through lawful, strategic means.
Chapter 7 bankruptcy is typically suited for those who cannot maintain monthly debt payments and have limited assets. It may result in the discharge of unsecured obligations such as medical bills, credit card balances, or personal loans. Although the process can include liquidation, Florida’s exemption laws often protect essential property—including homestead, limited personal property, and retirement accounts. However, each case requires careful review to ensure compliance and prevent unnecessary exposure. A bankruptcy attorney is key in evaluating whether Chapter 7 aligns with the client’s financial profile and goals.
Chapter 13 bankruptcy is structured for regular-income individuals who need time and legal protection to repay certain debts. It is beneficial for individuals who are:
The process involves a court-approved repayment plan typically lasting three to five years. It provides breathing room while protecting assets and offering a potential discharge of remaining unsecured debt once the plan terms are completed. A bankruptcy lawyer helps ensure that repayment schedules are realistic, complete, and comply with the court’s requirements.
Chapter 12 bankruptcy is a specialized reorganization option under the U.S. Bankruptcy Code designed exclusively for family farmers and fishermen. It provides a way to restructure debt while continuing operations, recognizing the unique financial rhythms and risks associated with agricultural and fishing livelihoods. Unlike Chapter 11 or Chapter 13, Chapter 12 offers more flexible terms, streamlined procedures, and tailored provisions to help eligible debtors address secured loans, unpaid taxes, and other obligations without liquidating critical assets like land, boats, or equipment.
At CAVA Law, we guide clients through every step of the Chapter 12 process—from verifying eligibility and preparing court-approved repayment plans to representing them in trustee meetings and responding to creditor inquiries. Our legal team understands the importance of protecting your operations and livelihood, and we work closely with you to create a realistic, sustainable repayment plan that accounts for seasonal income and long-term goals. Our in-depth experience and personal approach help you regain control of your finances while preserving what matters most.
Chapter 11 bankruptcy is available to businesses and individuals with significant debt who seek to restructure while continuing operations or managing long-term liabilities. Unlike Chapter 13, there are no strict debt limits, and it offers more flexibility in modifying contracts, leases, and repayment terms. However, due to its complexity and cost, Chapter 11 is generally pursued only when other options are unsuitable.
Each chapter carries different eligibility requirements and legal outcomes. Our role is to provide legal clarity and recommend an approach that is both procedurally appropriate and responsive to our clients’ financial realities.
The legal approach for businesses facing insolvency depends on operational goals and creditor activity. CAVA Law assists clients in selecting between Chapter 11 bankruptcy and Assignments for the Benefit of Creditors (ABCs), depending on whether restructuring or wind-down is more suitable.
Our attorneys also represent creditors in insolvency proceedings, ensuring claims are preserved, objections are timely, and distributions are handled according to applicable statutes. A bankruptcy attorney from our team works closely with clients to manage these transactions efficiently and with full legal compliance.
Bankruptcy does not mean forfeiting all property. Florida’s exemption laws protect specific categories of assets when properly claimed. Common exemptions include:
The correct application of these exemptions can significantly affect the outcome. Misuse or incorrect filings may lead to objections, trustee challenges, or asset loss. Our bankruptcy lawyer helps clients evaluate what may be protected and ensures that exemptions are applied accurately in accordance with Florida law.
In some cases, bankruptcy coincides with divorce or support-related obligations. While Chapter 13 may help address certain joint financial obligations from property settlements, it cannot discharge child support or alimony.
Complying with family court orders while pursuing bankruptcy court relief must be taken. Bankruptcy may also impact obligations related to marital debt, including indemnity clauses or hold-harmless agreements from a divorce judgment. Classifying these debts—whether as support or property division—can affect discharge ability.
These overlapping legal processes often require careful timing and documentation to avoid conflicting obligations. Our attorneys help clients balance both legal obligations and address timing, debt classification, and jurisdictional coordination where necessary, ensuring court orders are respected while identifying lawful opportunities for relief.
The integrity of a bankruptcy case depends on complete, accurate disclosure. All income, debt, property transfers, and financial activity must be documented in court filings. Failure to do so can result in:
Errors often stem from overlooked assets, outdated financial records, or assumptions that informal transfers don’t require reporting. Issues may also arise during the 341 Meeting of Creditors, where the trustee may request clarification or additional records. Our role includes preparing clients for these inquiries, reviewing documentation for consistency, and responding to any court or trustee concerns that arise during the case. A knowledgeable bankruptcy lawyer helps minimize risk by ensuring court expectations are met and procedural missteps are avoided.
What is the automatic stay?
It is a legal protection that halts most collection activity immediately upon filing. This includes lawsuits, wage garnishments, repossessions, and foreclosure proceedings.
Can tax debt be eliminated in bankruptcy?
Sometimes, older income tax debt may be discharged if it meets specific timing and filing requirements under federal law.
Will my employer find out about the bankruptcy?
Unless your employer is a creditor or involved in wage garnishment, they are not typically notified.
How long does bankruptcy stay on my credit report?
Chapter 7 remains for up to 10 years, while Chapter 13 remains for 7 years. Credit rebuilding may begin as soon as the case concludes.
Do I have to go to court?
Most cases only require the filer to attend a 341 Meeting of Creditors. Additional hearings are only necessary if disputes or objections arise.
CAVA Law provides legal services and legal-adjacent services in the federal government procurement arena as a WOE (Women-Owned Enterprise) and EDWOE (Economically Disadvantaged Women-Owned Enterprise) SBA-certified private firm and federal contractor.
The Firm currently supports various federal contracts with various agencies, at the national and state levels, in the areas of foreclosure services, bankruptcy, real estate transaction support, and creditor rights consulting. Through its teaming partner collaborations, bid submissions, and development of internal contract compliance systems, CAVA Law has positioned itself as one of the few South Florida law firms servicing the federal government in the small business contracting sphere.
If you are in need of legal assistance related to bankruptcy, debt litigation, or real estate in South Florida, CAVA Law, LLC is here to help. Contact the firm today to schedule a consultation and learn more about how they can assist you.
“I am truly grateful that I was pointed to CAVA and that the universe placed us together. Vanessa has always made me feel human in this process and I thank her for her patience and kindness throughout…you are very much appreciated.“
“I had the privilege of working with Vanessa, Partner at CAVA Law, and I must say that her legal services were nothing short of exceptional. From the moment I contacted their office, I knew I was in capable hands. She not only possessed an in depth knowledge of the law but also demonstrated a genuine commitment to helping me navigate my real estate legal matters successfully. Thank you!”
“CAVA is a law firm with experience, professionalism, respect, and exemplary customer service. Every single member of the team goes above and beyond to make sure their clients are always informed of their case. CAVA is made up of human beings who respect and care for their clients.”
“Thank you so much for helping my mother. Attorney Christina Vilaboa was compassionate and professional. She explained Chapter 13 case completely, step by step, giving her piece of mind and a sense of renewed stability that she hadn’t had in several years. I would recommend you very highly. Sincerely, Peter.”
“The legal team at the CAVA LAW FIRM are the best. I was very apprehensive and scared when I was first introduced to them to handle my legal problem. They were very professional while still being very personable. They walked me through every aspect of my case. They made it very easy on me. They did all the work. I would highly recommend them to any lay person that has little knowledge of how the legal system works. Thanks again!”
“Amazing service and professionalism. They took care of my situation I recommend them without any hesitation.”
Five stars!
Five stars!
They where very professional and great me good advice I recommend very much.
Mrs. Vilaboa Abel is such a dedicated soul. I dont have words to express my grattitude towards her. My case wasn’t easy, yet she was supportive from day one and in the end she figured it all out. Aim for the stars Christina, you are awesome!
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In the Chapter 11 bankruptcy proceedings of 23andMe, the court implemented several measures to manage the company’s extensive genetic material assets responsibly.
Divorce and bankruptcy are both challenging life events, and they often intersect in ways that can significantly impact your financial and legal situation. If you’re considering or currently going through either, it’s important to understand how they might affect each other.
If you're facing bankruptcy, debt litigation, or real estate issues, don't hesitate to contact CAVA Law, LLC in South Florida for personalized and compassionate legal representation.