Florida Bankruptcy Law Prohibiting Fraudulent Conversion

Fla.Stat. §222.30 provides, in part, "Fraudulent asset conversions. (1) As used in this section, "conversion" means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or proceeds of the asset remain property of the debtor. The definitions of chapter 726 apply to this section unless the application of a definition would be unreasonable. (2) Any conversion by a debtor of an asset that results in the proceeds of the asset becoming exempt by law from the claims of a creditor of the debtor is a fraudulent asset conversion as to the creditor, whether the creditor's claim to the asset arose before or after the conversion of the asset, if the debtor made the conversion with the intent to hinder, delay, or defraud the creditor. (3) In an action for relief against a fraudulent asset conversion, a creditor may obtain: (a) Avoidance of the fraudulent asset conversion to the extent necessary to satisfy the creditor's claim. (b) An attachment or other provisional remedy against the asset converted in accordance with applicable law."

Operation of Florida bankruptcy laws

In practice, the debtor will also notice of liquidation of assets forfeited through Florida bankruptcy. This limited protection offers an opportunity for debtors to solicit bona fide buyers at auction. Typically, levy-auctions obtain far less than the fair market value while debtors remain liable for deficiencies.

Bankruptcy Exemptions Footnotes regarding state bankruptcy laws of Florida and bankruptcy attorneys in Florida:

1. Property exemptions are provided by state bankruptcy laws. Florida bankruptcy questions, Florida bankruptcy information, and Florida bankruptcy listings can be obtained from federal divisional court clerks. For detailed bankruptcy listings, Florida statistics are also reported by the DOJ.
2. Chapter 7 attorneys Florida are limited to federal fee guidelines. Florida Chapter 7 attorneys fees begin at approximately $800.
3. Chapter 11 attorneys Florida are not limited to fee guidelines. Florida Chapter 11 attorneys usually charge $250 per hour, or more.
4. Chapter 13 attorneys Florida are limited to federal fee guidelines. Florida Chapter 13 attorneys fees start at approximately $900.
5. Bankruptcy in the state of Florida requires federal licensure for bankruptcy attorneys. Florida bankruptcy lawyers who regularly practice before Florida bankruptcy courts, must obtain federal this license in addition to the state license to practice law. For a listing of bankruptcy attorneys in Florida, local bar associations provide free lists.
6. Federal clerks may not offer legal advice in response to bankruptcy questions. Florida bankruptcy help may be available through local bar associations.
7. For a free source of bankruptcy help, Florida bar associations provide information regarding legal aid.
8. For additional bankruptcy information, Florida bankruptcy attorneys often offer free initial consultations.

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