Who will know if I file for bankruptcy in Florida? Whenever people consider filing for bankruptcy, they usually have the same concerns. Most of them include who will find out and what effects it will have on their lives. The fact is that unless you post it all over Facebook or declare it in a job interview, most people are not going to find out about your very private situation; and if they do, it’s not going to be from your creditors.
Who Gets Notified When I File for Bankruptcy in Florida?
The only people who need to know about your bankruptcy filing in a majority of cases are the ones you owe money to, your creditors. Your landlord or employer may also need to know in certain cases. Here is everything you need to know about who will know if you file for bankruptcy.
Your Creditors
Anybody you owe money to should be included in your bankruptcy filing. This includes family, friends, banks, lenders, credit card companies, and any financial institution that has lent you money. The Clerk of the United States Bankruptcy Court will send a letter to all creditors listed in your file at the time of filing.
It is possible to notify your creditors that you are considering filing for bankruptcy in Florida. Many creditors may be open to working with you to reduce your debts or to establish a more flexible repayment plan in order to increase their chances of recovering losses. It is important to talk with your Bruner Wright Florida bankruptcy lawyer in order to make an informed decision. Once you file a case, creditors will be notified by the court about your legal action. They will also be given information about your case and the options they have.
Your Employer
If your employer is listed as a creditor on your bankruptcy filing and you borrow money from them, they will be notified of your actions in the same way as all your creditors. Your employer must be informed of the stop order if your wages are being garnished. Your employer will likely already have some information about your financial situation. In this instance, a notice of bankruptcy and an order to end garnishment won’t cause any problems.
Your Landlord
Your landlord will not be notified if you file a monthly payment plan. You won’t have to give any details about your rental situation to the court. You will need to include a lease in your bankruptcy filing if you have signed one. In this case, your landlord will also be notified.
You will retain your lease and cannot be evicted legally for filing bankruptcy. Your living situation should not be affected by bankruptcy as long as you pay your rent on time. Only if your landlord owes you back money will bankruptcy affect your housing situation. While an automatic stay can temporarily stop any landlord’s efforts to evict you, if you intend to remain long-term you will need to work with them in order to pay back unpaid rent.
Your Family and Friends
Your friends and family will be notified of your bankruptcy filing if you have cosigned a loan. The co-signer will be responsible for paying the debt if defaulted by the primary borrower. You are effectively declaring your inability to repay the loan by filing for bankruptcy in Florida. This will have a negative impact on your cosigners and their credit scores. It is crucial that you inform the court about your debt situation immediately after filing for bankruptcy.
However, your other family members and friends are not notified. Bankruptcy records can be accessed by anyone who asks the court. It is unlikely, however, that anyone would search for bankruptcy records without reason.
The IRS
The IRS will not be notified about your bankruptcy filing, just as it is with family members and friends. They will then be automatically notified of your bankruptcy by the bankruptcy court. The IRS will not be notified if you don’t list it on your petition. However, they will still pursue collection actions against you.
If you don’t list the IRS on your bankruptcy filing but are audited later, the IRS can search public records for details about your bankruptcy.
Need Help? Call a Florida Bankruptcy Lawyer Today
Bankruptcy is nothing to be ashamed of. Many thousands of people experience bankruptcy every year. It’s often the best option when you are in a difficult financial situation and should be considered. A seasoned Florida bankruptcy attorney such as Bruner Wright can greatly increase your chances of navigating the bankruptcy process with a positive outlook for the future.
Bruner Wright’s bankruptcy lawyers can answer any questions you may have about who will know if you file bankruptcy in Florida. We are happy to discuss your situation and help you create the future that you want.
Our offices are located in Tallahassee and Jacksonville, Florida. Do not let your financial woes stop you from making improvements. To talk to our Jacksonville bankruptcy lawyers, give us a call and schedule an appointment!