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
Legal representation provided by Florida bankruptcy lawyers includes much more than document preparation. Counseling also implicitly includes a guarantee of compliance with all legal requirements, regardless of whether questions are mentioned by the client. Similar to an insurance policy, attorneys become financially responsible for negligence, errors, and omissions which may cause harm to a client.
Once represented, debtors are not required to discuss any matter with creditors. Creditor calls must stop. All correspondence should be addressed to the attorney representing each client. Attorneys shield their clients from harassment and ploys used by creditors. Should any creditor violate the automatic stay or the attorney/client relationship, most qualified attorneys welcome the opportunity to collect sanctions against offending parties.
The reputation of all Florida bankruptcy lawyers precedes their clients into the courtroom. Judges know from experience which attorneys produce quality work products. Based upon a history of professional conduct and zealous representation of clients, the respect given to a Florida bankruptcy lawyer by the court can be substantial. Conversely, unknown attorneys and debtors proceeding pro se must prove themselves on each legal issue with painstaking accuracy.
All legal requirements remain the same regardless of representation chosen, however the path required to prove compliance and receive maximum benefits is affected by legal expertise: 1) creditors may be reluctant filing frivolous motions, 2) trustees may have more confidence accepting proposals, and 3) judges may be more tolerant considering exceptions when supported by a history of meritorious motions.
Note: the particular chapter which may best serve debtors depends on many factors. Past due payments are treated differently. Property may be subject to forfeiture. The period of court supervision of the estate lasts from a few months, up to five years. The personal goals of each individual and their lawyer must receive primary consideration to maximize results.
Florida Bankruptcy topics.
