Home - Florida Bankruptcy Laws, Courts & Lawyers

Logo - Florida Law, Court & Lawyer Tips

"Florida Reaffirming Debts"

The act of reaffirming debts requires court approval in all Florida bankruptcy proceedings. Both the documents required to evidence a reaffirmation of debt, and the hearing conducted by the court, inform the debtor that payment of the debt will be mandatory. Discharge does not eliminate reaffirmed debts. Creditors obtaining a reaffirmation in a Florida bankruptcy proceeding may file suit in state courts for collection in the event of nonpayment, despite a general Chapter 7 discharge.

11 U.S.C. §521(2)(a) provides "within thirty days after the date of the filing of a petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property."

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.

Back to Florida Bankruptcy words & phrases.

 

Florida Bankruptcy, Florida Bankruptcy Law, Florida Bankruptcy Courts, Florida Bankruptcy Lawyer. Filing information for Boca Raton, Cape Coral, Clearwater, Coral Springs, Davie, Ft. Lauderdale, Gainesville, Hialeah, Hollywood, Jacksonville, Lakeland, Miami, Miami Beach, Miramar, Orlando, Palm Bay, Pembroke Pines, Plantation, Pompano Beach, Port St. Lucie, St. Petersburg, Sunrise, Tallahassee, Tampa, and West Palm Beach, including also state and county resources for locating and qualifying lawyers, law firms and attorney fees through state and county bar associations. Florida Bankruptcy Laws, Courts & Lawyers | Consumer Legal Summaries, all rights reserved - © Copyright 1998-2008