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How To Look Up Bankruptcies In Florida

Chapter 7 Statement Of Your Current Monthly Income 122a

The Steps to Filing a Bankruptcy in Florida MUST SEE!

Bankruptcy form 122A-1 is the first step to making sure you are not trying to abuse the bankruptcy laws and avoid paying your debts when you have disposable income each month to make payments on your debts. On this form, you must list all gross income you received the 6 months before you filed bankruptcy. Then you will compare that number to the median income for a family of the same size for Florida. Upsolve keeps an up-to-date median income chart for Florida bankruptcy on its site. If your gross income is at or below the median income for Florida, you can file a Chapter 7 bankruptcy. You do not need to proceed to the Means Test. If you do need to go on to the Means Test, that is bankruptcy form 122-A2. The Means Test will allow you to deduct expenses from your income, then compare your income to the median income for Florida again. If you do not pass, you may have to consider filing a Chapter 13 bankruptcy. There are a few exceptions. If you have to take the Means Test, we suggest you speak with an experienced Florida bankruptcy attorney.

Summary Of Assets And Liabilities

The totals for the Summary of Assets and Liabilities form are found on the Florida bankruptcy Schedules. The Summary of Assets and Liabilities is an important form because it helps the Court determine if your debts are mostly consumer or non-consumer debts. Consumer debt is debt incurred by an individual for personal, family, or household purposes. Any other debt is non-consumer debt. Business debt is non-consumer debt. The reason this is so important is that if more than half of your debts are business debts, the Means Test does not apply to you. You can file for Chapter 7 without taking the Means Test.

What Is Chapter 11 Bankruptcy In Florida

Chapter 11 bankruptcy in Florida, also known as Reorganization bankruptcy, allows businesses in debt to remain in control while developing a repayment plan. The type of bankruptcy allows the debtor to restructure rather than liquidate. Another upside of the chapter 11 bankruptcy is that the business can still borrow additional money to run the business. Also, business debtors may obtain lower interest rates on loans after filing for Chapter 11.

Corporations, partnerships, and limited liability companies are mostly eligible to file a Chapter 11 bankruptcy. Individual debtors who run a business are also eligible to file a Chapter 11 bankruptcy. A Chapter 11 bankruptcy record may last ten years on the credit report after filing for bankruptcy.

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Dealing With Your Car

If you have a car, the first important thing you need to do is make sure to list it on your bankruptcy forms. Even if you donât drive the car everyday, and you donât consider the car âyour car,â as long as your name is on the title, you need to list it on your bankruptcy forms.

Whether or not youâre going to be able to keep your car when filing bankruptcy in Florida depends on a few factors, including how much your car is worth and what exemptions you choose to apply.

In Florida, some bankruptcy trustees do not permit the Kelly Blue Book valuation and, instead, require a valuation from the National Automobile Dealers Association. After you list your car on your forms, you have a few options on how to deal with your car loan. Youâll have to choose between reaffirming your car loan, or either redeeming or surrendering your car.

What Do Florida Bankruptcy Records Contain

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A requester can expect to find the following information in a Florida bankruptcy record:

  • Information on the debtors assets and income sources
  • Personal details of the debtor and debtors attorney
  • The petitions chapter
  • Case status
  • The U.S. trustees information
  • The presiding judge and court
  • The filing, closing, and discharge dates
  • A creditors list bearing names, addresses, and money owed
  • Schedules
  • The debtors voluntary petition

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What Are Florida Bankruptcy Exemptions

Florida bankruptcy exemptions protect a debtor’s property and assets during bankruptcy. Residents in Florida who have filed for bankruptcy are expected to use the states bankruptcy exemptions. However, a debtor is only eligible to use Floridas bankruptcy exemptions if they have lived in the state for more than 730 days. Otherwise, a debtor may require to use another states exemptions. Examples of Floridas bankruptcy exemptions, as established in Title XV, Chapter 222 of the state’s statute, include:

  • Florida’s Homestead Exemption 222.01 and 222.02
  • Florida Motor Vehicle Exemption 222.25
  • Exemption of wages from garnishment 222.11
  • Exemption of pension money and certain tax-exempt funds 222.21

What Are The Other Types Of Bankruptcy In Florida

Aside from Chapter 7, Chapter 11, and Chapter 13, another type of bankruptcy chapter available in Florida is Chapter 12. Chapter 12 is a form of bankruptcy designed for family farmers and family fishermen. This type of bankruptcy allows debtors to restructure by having a payment plan rather than liquidating their assets.

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United States Bankruptcy Court

Clerk’s Office Hours of Operation: Monday through Friday 8:30 a.m. – 4:00 p.m.Effective November 1, 2021, in accordance with Administrative Order 2021-10.

C. Clyde Atkins United States Courthouse301 North Miami Avenue, Room 150Miami, Florida 33128

299 East Broward Blvd., Room 112Ft. Lauderdale, FL 33301

1515 North Flagler Drive, Suite 801West Palm Beach, FL 33401 514-4100

To promote public trust and confidence in the administration of bankruptcy cases:

  • through easy access to comprehensible, accurate information about the court, its procedures, and records
  • through adjudication of bankruptcy cases by a fair and impartial tribunal that is designed to provide relief to the honest debtor
  • equitable distribution of available assets to creditors and
  • preservation of jobs and value through successful business reorganizations.

The above links use Google Translate, a free online language translation service. Computerized translations are only an approximation of the website’s original content.

What Happens After Bankruptcy

What is Florida Bankruptcy Fraud

Many people believe that bankruptcy is the end of the line, and life after bankruptcy is bleak. This is not true. Bankruptcy will start a fresh financial start. The first step is to file all bills, lay out a budget, and start to manage money with more intent. Start by making a budget that includes monthly expenses and immediate bills.After you file bankruptcy, there are some things that that need to be done.First, debtors will have to go to a credit counselor who will help build a plan to improve their credit. Next, debtors will have to follow the budget and make sure that they are managing your money. Also, it is important to remember to avoid taking on any new debts. This means that avoiding opening any new credit cards, signing up for any new loans, or buying anything with credit unless it is a necessity.

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Statement About Your Social Security Numbers: Form 121

You must put your social security number on Florida bankruptcy form 121. If you do not have a social security number, you must use your ITIN number. An ITIN number is a tax-processing number issued by the IRS. It is often given to people unable to receive social security numbers because of their immigration status. If you do not qualify for a social security number, and do not have an ITIN number, you will need to get one from the IRS before filing bankruptcy. An ITIN card or social security card, along with a government issued photo identification, is one way of proving your identity to the Court.

Florida Legal Aid Organizations

Florida legal aid organizations provide free representation to low-income families who make below a certain amount of income per year, which is usually 200% of the poverty line. Some programs, like Community Legal Services of Mid Florida, are large and funded by Congress through the Legal Services Corporation, while other programs may be smaller and more local.

Overall, legal aid in Florida is robust for low-income Florida residents and you should check in with organizations near you to see if you may be eligible. These programs usually provide help in multiple areas of Florida law.

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Statement Of Financial Affairs

The Statement of Financial Affairs for Individuals Filing for Florida bankruptcy, tells the bankruptcy Trustee about your financial transactions in the years before filing Florida bankruptcy. The Trustee uses this information in part to look for preferential payments to one creditor over another. This is when you choose to pay one creditor over another even though they are they same type of creditor. For example, you pay Visa instead of Mastercard even though they are both credit cards. The Court wants creditors to get their fair share of payments. Therefore, the Trustee can take back a payment from one creditor and redistribute it equally among all the creditors. This doesnât necessarily mean the Trustee will do this. Itâs just that the Trustee can do this. This is also a way for the Trustee to check for fraud. If you pay back an âinsider,â or someone you are close with personally or in business, within 90 days of bankruptcy, the Trustee will likely take back that payment and redistribute it to other creditors.

There Are A Few Ways In Which To Find Bankruptcy Records

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  • Use the PACER system to locate bankruptcy records online. You can request records through PACER online for a fee.
  • Use a third-party site to source bankruptcy records. Sites such as these offer quick access to records at the press of a button often cheaper than other alternatives.
  • Speak to a local bankruptcy attorney or contact the attorney that filed the case for more information.
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    Florida Bankruptcy Schedule G: Executory Contracts And Unexpired Leases

    Florida bankruptcy Schedule G is all about executory contracts and unexpired leases. Executory contracts are current contracts that take a while to complete and that you are still responsible for paying when you file for Florida bankruptcy. One of the most common examples is a yearly gym membership that is paid out month to month. An unexpired lease is when you lease real or personal property, agree to pay for its use for a set amount of time, and then give the property back. If the lease is not expired and you still have the right to use the property at the time you file bankruptcy, that is an unexpired lease. These leases often include cars, apartments, and equipment.

    Voluntary Petition For Bankruptcy

    You must fill out and submit a voluntary petition for bankruptcy if you want to be relieved of your debts through a Florida bankruptcy. This document provides the Court with all the information about your financial situation. The voluntary petition for bankruptcy is a long form consisting of several sections and schedules to fill out. If you work, your documents must include at least 60 days of pay stubs and two years of tax returns. You may also need bank statements and, if you are a homeowner, the deed or mortgage statement for your home is required. If you need your debt information, you can obtain the amounts you owe, creditor names, and creditor addresses from a credit reporting agency like Equifax, Transunion, or Experian. Before you can file your voluntary petition for bankruptcy, you must also find and take a court-approved credit counseling course. The course can be in person or online and prices vary. Finally, you will need to pay the fees and costs necessary to file along with your petition. This can be paid all at once, in installments, or waived if you meet income requirements.

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    Is It Legit To Lookup License Plate Numbers In Florida

    • Auto Manufacturers
    • Government agencies or private companies
    • Towing Companies
    • Companies
    • Any person or agency that you have given written permission

    They also allow individuals to obtain a copy of their own records for any reason.

    It is perfectly legal to look up a license plate number in Florida, provided you fall in the category of an “exception” to the DPPA rules. Florida has designated the following individuals as exceptions who can obtain these records:

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    Filing Bankruptcy in Florida MUST SEE!

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    Take Bankruptcy Course 2

    Bankruptcy Course 2 is a lot like Course 1. Itâs also known as the âpost-filing courseâ and the âdebtor education course.â People filing Chapter 7 bankruptcy in Florida have the option of taking Course 2 on the phone, over the internet, or in person. Just make sure you take it from a credit counseling agency approved to offer this course in the Sunshine State.

    Just like after Course 1, youâll receive a certificate when you finish Course 2. You can submit the certificate to the bankruptcy court yourself, or you can ask the credit counseling agency to file the certificate for you. Either way, the certificate is important as it lets the Florida bankruptcy judge know that youâve completed this step of the bankruptcy process.

    Choosing The Right Bankruptcy Chapter For You In Florida

    Most people file either Chapter 7 or Chapter 13. If you don’t know the differences between the two, you’re not alone. The short explanation below and our handy Chapter 7 versus 13 chart will help clear things up.

    Chapter 7 bankruptcy.Chapter 7 is often a bankruptcy filer’s first choice for several reasons. It’s quickit only takes a few months to complete. And it’s cheapyou don’t pay anything to creditors. It works well for those of us whose property consists of the essential items needed to live and work.

    People with more assets could lose them, however, especially if they own unnecessary luxury items. For instance, you might have to give up your RV, baseball card collection, or timeshare in the Bahamaseven your house or vehicle if you have too much equity in it or you’re behind on the payments. Unlike Chapter 13, Chapter 7 doesn’t have a payment plan option for catching up on late mortgage or car payments. So you could lose your home or car if you’re behind when you file.

    Caution for businesspeople. Be sure to learn about the ins and outs of small business bankruptcies. The principles discussed apply to consumers only.

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    Can A Bankruptcy Be Expunged In Florida

    In Florida, an expungement order removes all information and court proceedings associated with a claim. In most situations, a bankruptcy cannot be expunged. One significant reason is that it is a public record, and the petitioner was fully aware of the consequences of a bankruptcy filing, such as credit reporting for up to 10 years .

    However, the courts allow individuals to file motions to redact or expunge their bankruptcy records per 11 U.S.C. §§ 105 and 107. It is worth noting that these motions are granted in rare instances. For example, if a debtor did not consent to or authorize the bankruptcy filing, as seen in the In re Michael Ferrera, Case No. 8:13-bk-15976-CPM case. Other instances include fraudulent filings, protecting trade secrets, and shielding a party from defamatory or scandalous matters.

    What Is Chapter 7 Bankruptcy In Florida

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    In Florida, Chapter 7 bankruptcy is the type of bankruptcy that provides liquidation of assets and properties to debtors. The bankruptcy court appoints a trustee who oversees the sales of the debtor’s non-exempt properties and assets and distributes the proceeds to repay creditors. The Chapter 7 bankruptcy is available to individuals, partnerships, corporations, or other business entities.

    Under Chapter 7, individual debtors are eligible for debt discharge regardless of the amount owed. Therefore, the Chapter 7 bankruptcy is regarded as a fresh start. Examples of such debts include medical bills, personal loans, income tax debts, etc. However, debts such as spousal support, court fees and penalties, and child support are examples of debts not exempted. Chapter 7 bankruptcy report may last 10 years on a debtor’s credit record.

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    Dont Trip Up Your Own Bankruptcy

    Before you file for a Chapter 7 or Chapter 13 bankruptcy, you need to know what you are getting into. If you are even considering bankruptcy, it would be wise to speak with an experienced Florida bankruptcy lawyer before you make a misstep that will put your bankruptcy in jeopardy.

    Of course, there are many options short of bankruptcy. If you would like to discuss your other options or the details of the bankruptcy process including the Florida bankruptcy lookback period, contact us at Ziegler Diamond Law: Debt Fighters for a free consultation by submitting this form. Or just call us directly at 538-4188 in Clearwater, 225-3c111 in Tampa or 600-1326 in Mt. Dora.

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