Florida Bankruptcy Lawyer Objection FAQ

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

Florida Bankruptcy Lawyer FAQ - Can creditors object to discharge?

Debtors do not have an absolute right to discharge in Florida bankruptcy proceedings. A grant of discharge is subject to court review and subject to all creditor objections filed. Creditor objections must be resolved by the court before a discharge may be granted. Creditors do not need court approval to file motions objecting to relief or file complaints to initiate adversary proceedings. An adversary proceeding is similar to a lawsuit, within a lawsuit, that requires adjudication before the debtor's bankruptcy case may progress.

Creditors and their objections are subject to deadlines and are assigned the burden of proof. In practice, because creditors carry the burden of proof, doubt is resolved in favor of the debtor. If motions or complaints are late, unclear, or unconvincing, relief requested by the debtor will proceed. Specific reasons which support a creditor's motion to deny discharge are set forth partially in 11 U.S.C. 523, and include the following:

• Debts incurred through fraud.
• Purchases of more than $1,000 in luxury goods or services from a single creditor within 60 days of filing.
• Liability omitted from the list of creditors or schedules, or incorrectly identified in the list of creditors or schedules.
• Student loans, unless repayment would cause undue hardship.
• Undeclared federal, state, and local taxes.
• Credit card payments for taxes can not be discharged in Florida bankruptcy.
• Child support payments, alimony and related obligations.
• Fines and restitution to crime victims.
• Fess imposed by courts can not be discharged in Florida bankruptcy.
• Fines and judgments resulting from DWI, DUI, or intoxication.
• Liabilities deemed nondischargeable in previous bankruptcies due to fraud or malfeasance.

Be aware the application of law to each individual is unique. Depending upon personal assets, liabilities, and financial history, all benefits may not be available. The most successful debtors retain Florida bankruptcy lawyers and plan well in advance. Through planning, with the assistance of qualified Florida bankruptcy lawyer, optimal timing, selective payments, and exemptions are most likely to be achieved without question.

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