A Brief Introduction To Florida Bankruptcy Laws

October 3, 2006 3:14 PM

Bankruptcy law is the area of federal law that deals with the handling of bankrupt persons or businesses. Florida bankruptcy laws explain the federal bankruptcy process and common issues pertaining to residents of Florida.

According to Florida bankruptcy law, a permanent resident of Florida can file bankruptcy in a Florida bankruptcy court. Florida has three bankruptcy courts, one in every bankruptcy district. They are Florida middle bankruptcy court, Florida northern bankruptcy court, and Florida southern bankruptcy court. All counties in Florida come under one of these bankruptcy courts. Bankruptcy has to be filed in the district of residence.

Most bankruptcy claims are personal claims that come under Chapter 7 and 13 of the federal bankruptcy law. Chapter 7 is also named liquidation or straight bankruptcy. Chapter 13 bankruptcy is known as a wage-earner plan. When a Chapter 7 or Chapter 13 bankruptcy is filed, a trustee takes all the non-exempt property and sells it for the benefit of the creditors. But exempted property cannot be taken. Florida bankruptcy laws make determinations regarding non-exempt and exempt property. If Florida bankruptcy laws render a person ineligible for any exemption, he is allowed to choose federal exemptions.

Florida bankruptcy laws deviate from the federal bankruptcy law mainly with regard to exempted property. Properties that can be exempted are included in the Florida bankruptcy exemptions chart. One can exempt any property that falls into any of the categories in the chart, up to the dollar amount listed. Florida bankruptcy laws allow liberal bankruptcy exemptions. Homestead (160 acres outside a municipality and ½ acre within a municipality), insurance, motor vehicle ($1,000), personal properties ($1,000), a portion of wages, life insurance policies, unemployment compensation benefits, disability benefits, pension and retirement funds, education funds, and health aid interest are among those exempted.

The new Florida bankruptcy law, effective from October 17, 2005, makes filing bankruptcy cases more complicated. It incorporates impediments to filing bankruptcy, new court rules, new forms, and additional work for debtors and attorneys. According to the new Florida bankruptcy law, the Florida exemption law is applicable to your bankruptcy only if you have resided for two years in Florida, immediately prior to the filing date. If not, in order to get exemption, most of the 180 days prior to those two years should be spent in Florida.

Bankruptcy may be the only solution for extreme financial hardship. At the end of the bankruptcy proceedings, the court discharges the borrower from the debts. The bankrupt person can start all over again with a clean financial slate, but a record of bankruptcy will remain on his credit profile for up to ten years.

Source: EZine

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