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
All attorney fees are subject to guidelines established by Florida bankruptcy courts. As a starting point, courts limits fees paid to lawyers in Chapter 7 and Chapter 13 cases. Lawyers may apply for an exception, and upon a showing of cause, may be permitted to increase fees. Typically, routine cases are limited to guidelines, and increases are allowed only upon a showing of unusual circumstances requiring additional legal expertise, determination of novel legal issues, excessive creditor motions, or the commencement of an adversary proceeding. Be aware guidelines set an upper limit. Florida bankruptcy lawyers may charge less.
Many lawyers offer free initial consultations. This meeting provides a prime opportunity to ask legal questions without charge. Debtors who are prepared, that is, bring along detailed lists of assets and debts, and provide ready answers to questions required in standard forms, are more successful when shopping fees. During this initial meeting, lawyers expect potential clients to request discounts. Also, fees are negotiable in amount and terms of payment, and supplemental fees charged for reaffirmation agreements. Installment plans are routinely offered that coordinate payments to coincide with salaries. The best time to negotiate discounts and better terms is before entering any agreement.
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.
