Preparation is the key for success when filing bankruptcy in Florida. The best bankruptcy cases go unnoticed as debtors glide through the system without attracting attention to receive a full discharges in record time. Luck is not involved. Planning began months before filing.
The most successful filers know something that you don’t. Small lifestyle changes may alter means test income and expenses before filing. Well-planned strategic changes will have a dramatic effect on the results of the means test. With a few weeks or months to plan, creating $300 improvement on the bankruptcy means test calculation will save $18,000 in wasted Chapter 13 payments. Just as easily, many people avoid Chapter 13 altogether and may file Chapter 7 when understanding the test procedure. Timing is critical.
2010 Bankruptcy Strategies and the Means Test Explained
Laws, rules, and practices of Florida bankruptcy lawyers are changing rapidly. New Code amendments are expected at any time, designed specifically to limit consumer access to discharge of debts in all proceedings. Mandatory fines and penalties targeting debtors will be increased, along with new creditor options for enforcement.
Florida Bankruptcy Courts maintain an extensive system of local rules of court. Many of these rules are standardized across the country and provide further clarification and instructions for administrative responsibilities of attorneys. For instance, instructions on filing additional declarations and required data are not included within the U.S. Bankruptcy Code, but are however routinely published by the Clerk of the Court in the form of standing local rules.
Local rules also may include unique location specific instructions applicable only to a particular Florida Bankruptcy District or a particular Florida Bankruptcy Division. All debtors filing pro se must also obey local rules regardless of actual notice of content or subsequent amendments. Any violation subjects a case to dismissal. Copies of the Florida Bankruptcy Local Rules are available from the Clerk of the Court.
Examples of Rules which may apply:
Commencement of Case; Proceedings Relating to Petition and Order for Relief:
Officers and Administration; Notices; Meetings; Examinations; Elections:
Claims and Distribution to Creditors and Equity Interest Holders; Plans:
The Debtor: Duties and Benefits:
Courts and Clerks:
Collection and Liquidation of the Estate
Adversary Proceedings:
District Court Cases:
General Provisions:
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