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
Each court provides official Florida bankruptcy forms and official instructions. These documents are required in substantially the same format as distributed by the court. Be aware court instructions are not a substitute for legal advice, and that an expansive or restrictive interpretation of defined terms impacts the effect of filing each Florida bankruptcy proceeding. Contingent, unliquidated, and contractual liability are particularly vulnerable to subjective interpretation.
| Uniform Local Bankruptcy Rule 3 provides, in part, (a) Duties Prior to Filing Petition and Schedules. Prior to filing the petition and schedules, the attorney for the debtor shall personally review them to determine and insure that: (1) The correct form has been used; (2) The petition has been completed and is accurate; (3) All state and federal exemptions available have been properly claimed with the correct statutory citations; (4) All of the debtor's assets and property have been accurately identified; (5) All lien creditors, their security interests and the collateral have been accurately described; (6) The debtor and the debtor's attorney have signed the petition at all appropriate places; and (7) A notice of alternative chapters under which an individual debtor(s) may proceed, has been properly executed by the debtor(s). It is to be filed with the bankruptcy petition in all individual cases. The official local form may be obtained from the clerk. (8) A schedule of current income and current expenditures has been included in the petition and schedules. 11 U.S.C. 521(1). This rule applies in all Florida bankruptcy cases. |
The Florida Bankruptcy Court for the Southern District issued Administrative Order No. 04-6 on March 31, 2004. This order pertains to proposed amendments to local rules. In particular, this order requires an en banc hearing (all judges present) to consider public comments. anyone who wishes to have personal comments considered by the court must submit proposals in writing. Anyone wishing to address the court must file a request for appearance. The Florida Bankruptcy Court for the Middle District amended Local Rule 5005-1 on September 15, 2003. This amendment states The Court shall permit documents and papers to be filed, signed, or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes. Soon, all courts will require electronic submission.
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