Filing bankruptcy in Florida, which is one of the many state bankruptcies, can be a very complicated matter. The state of Florida, like the rest of the United States, has unique bankruptcy law. Bankruptcy law differs from state to state, so it is important to understand what is required in Florida. For example, in Tallahassee, bankruptcy cases are handled differently than in other states. This means that those filing for bankruptcy in Tallahassee need to know more about the specifics before they proceed. Here are some methods for filing bankruptcy in Florida.
The most common way that Florida bankruptcy may be initiated is by filing a petition with the courts. Chapter 7 is the most common method, where the petition is filed with the court that has jurisdiction over the specific bankruptcy case. In most states, a bankruptcy filing is always initiated by the court, usually initiated by the individual or debtor. However, the laws differ from state to state, making it important for people to understand exactly what they are filing for. Florida is not one of the few states to allow bankruptcy filing by the petitioning debtor.
Chapter 7 bankruptcy is considered the most commonly used type of bankruptcy in Florida. It requires that the debtor provide notice of financial difficulty to the U.S. treasury. The notice of financial hardship must include the exact debts with corresponding repayment amounts, as well as all supporting documents such as pay stubs, bank statements, and W-2 forms. The court will then determine which debts can be discharged and that must be paid off with bankruptcy court fees. The debtor is responsible for these fees.
The second way to initiate the bankruptcy process in Florida, after filing the original form, is to hire a special bankruptcy lawyer. They are often referred to as “special public law lawyers.” These lawyers specialize in representing clients who file a personal bankruptcy petition because their state law does not require such representation. However, some other states do require individuals filing to seek the legal services of an attorney.
If the bankruptcy court declares the bankruptcy automatic, that means the automatic stay goes into effect. The bankruptcy automatic stay bars creditors from harassing debtors about unpaid debts, but the creditors are allowed to sell debt assets, including repossessed vehicles, to satisfy their debt. The bankruptcy automatic stay cannot prevent the collection of any outstanding debts by the debtors, but it does bar the creditors from reporting the debt to credit bureaus.
The last way to file bankruptcy in Florida is to follow the state’s Responsible Debt Care act. This act was enacted in 2021, and it was designed to help debtors and those who care about them in order to improve the debt relief options available to debtors and to help consumers in overall debt reduction. The Responsible Debt Care Act is also called the “Ladies’ Lament Act” by critics. This act requires all attorneys to educate their clients on the pros and cons of bankruptcy and to inform clients about debt settlement and debt consolidation. It also requires all attorneys to participate in state-approved professional practices seminars on responsible debt management.
If you have questions about bankruptcy or want to file for bankruptcy then contact the law offices of Burner Wright P.A.