Florida Bankruptcy Law - Legal Assistance

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

Florida Bankruptcy Law Legal Assistance Availability

Laws, rules, and practices of Florida bankruptcy lawyers are changing rapidly. New Code amendments are expected at any time, designed specifically to limit consumer access to discharge of debts in all proceedings. Mandatory fines and penalties targeting debtors will be increased, along with new creditor options for enforcement.

Operation of Florida bankruptcy laws

In practice, the best time to oppose forfeiture and levy is before a motion to lift stay is filed with the Florida bankruptcy court. Once the stay is lifted, state law provides a lesser standard for protection of a debtor's interest. For additional information consider one of the most complete sources of information for Florida bankruptcy law, which is available without charge: Florida State Bar Association.

• If you have legal questions, consult qualified bankruptcy attorneys. FL bankruptcy law is unique relying on state statues pertaining to homestead, property ownership, collection and foreclosure procedures.
• Qualified FL bankruptcy lawyers should be familiar with exemptions set forth in state statutes applicable to  bankruptcy Chapter 7, FL bankruptcy courts, local rules, and court decisions.
• FL Chapter 7 bankruptcy law limits the value of assets that may be retained.
• Dischargablity in Chapter 7 is determined by federal statutes and FL bankruptcy attorneys must be licensed in federal court to represent clients on a regular basis.
• FL Chapter 13 bankruptcy laws may apply when seeking confirmation of a partial plan. Full plans are also available under bankruptcy Chapter 13. FL bankruptcy courts routinely confirm both types of plans.
• Creditors are typically represented by bankruptcy lawyers. FL nevertheless allow debtors to represent themselves dealing with creditors, their lawyers, and the courts. Although pro se debtors do not have legal counsel, they must nevertheless comply with all provisions of Florida bankruptcy law.

Regarding Miami bankruptcy lawyers:

• When selecting bankruptcy attorneys, Miami bankruptcy attorneys may be located by calling your county bar association for referrals.
• All Miami bankruptcy lawyers are subject to fee guidelines as determined by the Miami bankruptcy court and Florida bankruptcy law.
• When paying a fee for bankruptcy, Miami lawyers are allowed similar rate guidelines as used by the court in other major metropolitan areas paid to lawyers.
• Miami bankruptcy lawyers also use similar forms, but local courts may require supplemental local forms to comply with local rules and Florida bankruptcy law.
• All bankruptcy lawyers, Miami, are required to disclose fees charged in accordance with federal and Florida bankruptcy law.

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