If you are considering filing for bankruptcy in the state of Florida, Chapter 7 may be an option for you. Chapter 7 bankruptcy typically allows individuals to discharge their unsecured debt, such as credit card debt and medical bills. However, there are certain criteria that must be met in order to qualify for Chapter 7 bankruptcy. It is highly recommended that you seek the assistance of a qualified bankruptcy attorney to determine if Chapter 7 is right for you and to navigate the legal process. Your attorney can also provide guidance on how to protect your assets and ensure that you comply with all bankruptcy requirements. With the help of a professional attorney, you can achieve a fresh financial start and move towards a brighter future.
Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to restructure their debts and create a payment plan over a period of three to five years. It is designed for individuals who have a steady income and can afford to make monthly payments to their creditors. Under Chapter 13, individuals are able to keep their assets, such as a home or car, as long as they continue to make payments under the plan. This bankruptcy option is particularly helpful for people who have fallen behind on mortgage or car payments and want to catch up on those payments over time.
Why choose The DeVries Law Firm, P.A ?
The DeVries Law Firm, P.A. is a reputable bankruptcy law firm that has helped numerous clients achieve debt relief in Florida. With years of experience in managing intricate bankruptcy cases, our attorneys have gained a wealth of knowledge and experience that is hard to match. At our firm, we understand that filing for bankruptcy can be an emotionally taxing process. For this reason, we offer compassionate and personalized services to all our clients. We strive to gain an in-depth understanding of your unique financial situation so that we can present customized solutions that meet your unique needs. With affordable fees and flexible payment plans, we will work within your budget to ease your financial burden. By choosing The DeVries Law Firm, P.A., you can be confident that you have a dedicated and skilled team behind you, committed to guiding you through the bankruptcy process and helping you achieve financial independence.
Hiring us as your bankruptcy attorney means you are getting a full-service approach to your situation. We understand that every client has unique needs and we strive to find innovative solutions that can ease your financial burden. Our team is aggressive in delivering results, whether that means negotiating with creditors or representing you in court. Our experience is second to none, and we are familiar with the intricacies and complications of bankruptcy law. With us by your side, you can rest assured that your case will be handled with the utmost care and skill. We take pride in helping our clients regain control of their finances, and we are committed to securing the best possible outcome for you.
Contact us for a bankruptcy consultation with our attorneys in Jacksonville today. We can help you decide if bankruptcy is right for you and guide you through the process to achieve financial stability.
Most frequent questions and answers
To qualify for Chapter 7 bankruptcy in Florida, you must pass the means test, which looks at your income over six months. If your income is below the Florida median, you can file for Chapter 7. If your income is higher, you can deduct expenses to see if you qualify. Lastly, you cannot have filed for bankruptcy under Chapter 7 or 13 in the last eight years, or Chapter 11 in the last six years.
Yes, you can file for Chapter 7 bankruptcy alone even if you are married. However, your spouse’s income and assets may be taken into account during the bankruptcy process. If your spouse’s income is included in the means test, it could disqualify you from filing for Chapter 7 bankruptcy. Additionally, if you and your spouse own joint assets, those assets may be used to pay off your debts. It is important to consult with a bankruptcy attorney to discuss your options and determine the best course of action for your specific situation.
To file for Chapter 7 bankruptcy in Florida, follow these steps:
1. Complete a credit counseling course from an approved provider.
2. Gather all the necessary financial documents, including income, expenses, debts, and assets.
3. Fill out the bankruptcy forms required by the federal government, including the necessary means test.
4. File the completed bankruptcy forms with the court and pay the filing fee.
5. Attend a meeting with your creditors, where they will ask you questions about your financial situation.
6. Complete a debtor education course.
7. Wait for a discharge notice from the court, which will eliminate most of your unsecured debts.
It’s important to note that filing for bankruptcy is a serious financial decision that can have long-term consequences. bankruptcy.
In rare circumstances, a Chapter 7 bankruptcy discharge can be revoked. Revocation can occur if the debtor did not disclose assets or income during the bankruptcy proceedings, committed fraud or made false statements, failed to complete required courses, or violated any court order related to the bankruptcy.
The bankruptcy trustee or a creditor can file a motion with the bankruptcy court to revoke the discharge. If the motion is granted, the debtor will lose their bankruptcy protection and may have to repay some or all of their debts. Therefore, it’s crucial to be honest and transparent during the bankruptcy process to avoid any potential revocation of a discharge. It’s also important to understand all of the requirements and obligations involved in Chapter 7 bankruptcy to successfully complete the process and obtain the discharge.
Under the Chapter 13 plan in Florida, most types of debts can be included except for certain types such as:
1. Debts incurred through fraud
2. Certain tax debts
3. Domestic support obligations
4. Student loans (in some cases)
Other types of debts that can be included under the Chapter 13 plan in Florida include credit card debts, medical bills, personal loans, and mortgages.
Additionally, it is important to note that while all debts may be listed in the plan, not all debts will be discharged. Chapter 13 allows for the restructuring and repayment of debts over a period of time (usually 3-5 years), but the individual is still responsible for fulfilling the terms of the repayment plan and may not be released from all debts at the end of the process.
Chapter 7 bankruptcy will have a negative impact on your credit score as it stays on your credit report for up to 10 years. It can decrease your credit score by 200-300 points or more depending on the initial score. This makes it hard to get future credit, loans, or mortgages, and the interest rates for the ones you may qualify for will be higher. You may have trouble getting approved for rental agreements or utilities as they are typically subject to a credit check. In addition, future employers may look at your credit report, and it could negatively affect your chances of being hired. However, over time, the impact of Chapter 7 will lessen, and there are ways to start rebuilding your credit such as making timely payments on your remaining debts, securing a secured credit card, and obtaining credit counseling or education.