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
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Recent Notable Opinions of the Supreme Court of The United States:
Household Credit Services, Inc. v. Pfennig, No. 02-857 (2004), Argued February 23, 2004, Decided April 21, 2004, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. The Truth in Lending Act (TILA) regulates disclosures credit card issuers must provide consumers and authorizes a personal cause of action for consumers based on noncompliance. 15 U.S.C. 1637(a). These disclosures must include the amount of any finance charge. 1637(b)(4). A finance charge is defined as an amount payable directly or indirectly by the consumer, and imposed directly or indirectly by the creditor as an incident to the extension of credit. 15 U.S.C. 1605(a). Nevertheless, the Federal Reserve Board definition under Regulation Z is inconsistent by defining a finance charge as excluding charges for exceeding a credit limit (over-limit fees). Held: Regulation Z is not an unreasonable interpretation of 15 U.S.C. 1605 because respondent does not challenge the Board's authority under 15 U.S.C. 1604(a) to issue binding regulations. The Court must give effect to the unambiguously expressed intent of Congress. Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842. However, if Congress left a gap for the implementing agency to fill, the agency's regulation is given controlling weight unless it is arbitrary, capricious, or manifestly contrary to the statute. even though contrary to an act of Congress. Id. at 843-844.
In re: Jorge R. Arispe, Case Number 01-42962-BKC-RAM, the Florida Bankruptcy Court for the Southern District held that a debtor who maintains residency in Florida, but who is not domiciled within Florida, is entitled to utilize the Federal Exemptions provided by 11 U.S.C. 522 in a Florida bankruptcy proceeding, despite the unavailability to residents who live within the state when filing Florida bankruptcy. Specifically, the debtor's lawyer revealed the debtor in this case was not domiciled within any state within U.S. borders during the 180 days before the petition was filed. Therefore, the provision of 11 U.S.C. 522(b)(2)(A) deference to state opt-out can not be initiated in a Florida bankruptcy proceeding. The operation and empowerment of the Florida bankruptcy opt-out statute used by the dentor's lawyer in this case, Fla.Stat. 220.20, is dependent upon authority conferred by 11 U.S.C. 522(b)(2)(A) which requires the debtor's domicile has been located for the 180 days immediately preceding the date of the filing of the petition, or for a longer portion of such 180-day period than in any other place.
The websites included on this page relate in some way to filing Florida Bankruptcy cases, whether laws, rules, discharge, reorganization or other topics . Vast bodies of law pertain to Florida Bankruptcy proceedings and are incorporated by the courts. As new Florida Bankruptcy laws are created each year, the coverage of this site will continue to grow.
