Florida Bankruptcy

Find a Bankruptcy Lawyer in Florida with our debt relief directory and get a free BK evalution for a loan modification, chapter 7, 11, 13 or debt settlement that could lead to a fresh start. Find out from a local attorney if bankruptcy is the best for your situation. Florida is more liberal than any other state where it relates to exemptions (property that cannot be taken by the court). However, you can only claim Florida 's asset exemptions if you have resided in Florida for the previous two (2) years. Otherwise, you must use exemptions of the state where you previously lived for two years or, in some cases, the default federal bankruptcy exemptions.

How much does it cost to file bankruptcy?
According to the Law Offices of Jonathan B. Alper, P.L.C., an Orlando bankruptcy law firm, a debtor below Florida 's median income should not have to pay more than $1,700 in legal fees for a simple Chapter 7 bankruptcy. The court charges a $299 filing fee, and there may be other costs for financial education required by the bankruptcy law. A debtor with income above Florida 's median income will usually have to pay $300 to $500 more because additional paperwork is required. The firm also states that chapter 13 cases are more complicated, and legal fees are higher. Chap 11 BK, which is known as "reorganization", is used by businesses and a few individual debtors whose debts are very large.

Can married people file a joint bankruptcy?
According to the Law Offices of Jonathan B. Alper, P.L.C., married debtors can file a joint bankruptcy petition for a single filing fee, and most attorneys charge the same legal fee for joint cases as they do for individual cases. Married couples who are jointly liable on most debts should file a joint bankruptcy. On the other hand, if only one spouse is liable on most of the debts, the indebted spouse may file an individual bankruptcy, and in most cases, the individual debtor's bankruptcy will have no adverse effect on the non-filing spouse.

Avoiding Bankruptcy
Florida chapter 7 bankruptcy laws and Florida chapter 13 bankruptcy laws make filing for bankruptcy more time-consuming and expensive. Bankruptcy protects consumers against lawsuit from creditors. But, the automatic stays afforded under the old laws are not as extensive under the new laws.

If you haven't already done so, you may want to consider debt settlement. If your creditors know that you are about to file for bankruptcy, they may be more open to negotiating your debts. They'd rather get less than what you owe than nothing at all. And, if you're facing foreclosure, you should talk with you lender. If your lender knows you are considering bankruptcy, they may work out a loan modification that can save you money and allow you to stay in your mortgage loan. Miami bankruptcy lawyers, Tampa bankruptcy lawyers and other Florida bankruptcy lawyers can explain your options and advise you on the best one to take.