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
Plans proposed in Florida bankruptcy cases under Chapter 11, 12, and 13 may, and usually do, alter payment terms for debts. Reorganization refers to discounting interest payments, extending payment terms, rejecting contingent claims, and avoiding particular debts. A Chapter 13 plan may reorganize debts, for a period of payment of not more than 5 years, and may provide as little as 10% repayment of principal owed. All three types of reorganization available through Florida bankruptcy courts require the submission of a plan.
| 11 U.S.C. Sec. 1123(a) provides, in part, Contents of plan. (a) Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall - (1) designate, subject to section 1122 of this title, classes of claims, other than claims of a kind specified in section 507(a)(1), 507(a)(2), or 507(a)(8) of this title, and classes of interests; (2) specify any class of claims or interests that is not impaired under the plan; (3) specify the treatment of any class of claims or interests that is impaired under the plan; (4) provide the same treatment for each claim or interest of a particular class, unless the holder of a particular claim or interest agrees to a less favorable treatment of such particular claim or interest; (5) provide adequate means for the plan's implementation, such as - |
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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