Filing for bankruptcy may make it possible to eliminate credit card, medical or other debt balances. In some cases, it may be possible to do so without losing assets such as your Florida home. However, there are some debts that you cannot eliminate regardless of...
Understanding bankruptcy discharge
Florida individuals who are thinking of filing for bankruptcy likely have a lot of questions. By taking the time to research the bankruptcy process, you can help to put your nerves at ease about how to get your debts discharged. What is bankruptcy discharge? A...
The responsibilities of a bankruptcy trustee
If a debtor in Florida feels they can not manage their debts anymore, they commonly consider bankruptcy. Bankruptcy helps debtors remove certain debts legally by a liquation process in Chapter 7 and debt repayment under Chapter 13. Each bankruptcy type commonly...
Qualifications for Chapter 7 bankruptcy
When debt gets too much of a burden for an individual, they have the option of filing for Chapter 7 bankruptcy. Chapter 7 allows them to erase unsecured debts by selling non-exempt assets. However, it isn't as simple as just filing a petition to start the case because...
The role of a bankruptcy trustee
When Florida residents file a Chapter 7 personal bankruptcy petition, the court appoints a trustee to act as an administrator and liquidate any assets owned by the petitioner that are unencumbered by liens and not covered by bankruptcy exemptions. Before any assets...
What to know about bankruptcy and liquidation
Generally speaking, if a company is going through a bankruptcy or a liquidation, it means that the organization is in financial peril. In some cases, these moves are made in an attempt to pay creditors before going out of business. However, it is important to note...
What constitutes a legitimate bankruptcy
When an individual in Florida files for Chapter 7 bankruptcy, they'll need to be able to prove that their reasons for filing are legitimate. If not, they might be charged with bankruptcy fraud. A person might be charged with fraud if they file for bankruptcy despite...
Can you apply for a loan after filing Chapter 7 bankruptcy?
Hard financial times can hit anyone. In Florida, many people find themselves so buried in debt that they file for bankruptcy. While bankruptcy can address problems with creditors, there are complex legal requirements filers must follow. The bankruptcy court may set...
How creditors can protect their rights in a bankruptcy case
If an individual decides to declare bankruptcy, that person's creditors may be asked to file proofs of claim. A proof of claim document will indicate how much a creditor is owed as well as whether the debt is secured or unsecured. Creditors will also need to confirm...
The consequences of ignoring an automatic stay
When Florida consumers file Chapter 7 or Chapter 13 bankruptcy petitions, what is known as an automatic stay is issued. This is a court order that requires creditors to put an immediate halt to all of their collection efforts. Automatic stays put an end to daily...
