Bankruptcy can help resolve problems associated with personal or corporate finances. Once you file a Bankruptcy petition through an experienced Bankruptcy Attorney Miami Lawyer, it generally provides additional time to solve financial issues but the most obvious impact is that it yields immediately debt relief and helps stop those harassing phone calls from creditors. Here we offer 11 questions related to Bankruptcy process in Florida.
1- What does it cost to file bankruptcy?
There’s a filing fee that is required by the clerk to file for bankruptcy, and that fee is decided by the clerk of the court and it’s paid directly to the court, so it’s not paid to the attorney, and that fee would be about $335. I would also recommend speaking with an attorney prior to filing to ensure that you have everything that you need and all the right documents and that you’ve dotted your Is and crossed your Ts, and that may be an additional fee, but that would be an attorney fee, not a filing fee.
2- What are the different types of bankruptcy?
The important types for consumers are chapter 7, chapter 11 and chapter 13. In fact, really it’s chapter 7, which is liquidation and chapter 13, which is reorganization. Chapter 11 is sometimes used for consumer, but consumers that have great amounts of debt. These chapters are a little complicated. You should always consult an attorney before you file any bankruptcy. It is very important to know that not to be scared of bankruptcy. It could certainly be a solution for people suffering financially.
3- May I use Chapter 7 bankruptcy to get rid of all my debts?
Unfortunately, there are some debts that are not included in chapter seven bankruptcy. Certain debts that are excluded are student loans, some tax liens, depending on the tax lien, I would speak to an attorney, because you never know, it depends on what type of lien you have, so advice from an attorney would be beneficial in that situation, but usually, tax liens, student loans, you can not get rid of in bankruptcy.
4- Does my spouse have to file bankruptcy with me?
No, your spouse does not have to file bankruptcy with you. In fact, each spouse can file individually. Many times, especially in the foreclosure type realm, we can file bankruptcy for the husband and if that bankruptcy does not work for the husband sometimes we can file it for the wife.
5- Do I need to do credit counseling before filing for bankruptcy?
No, you do not. You can file bankruptcy at any time. In fact, we use bankruptcies many time to stop very important things like foreclosure sales, judgments, and very other important things where a person is about to lose their property immediately. You do have to take a course, but it could be done right prior to filing the bankruptcy. However, bankruptcy is very, very broad. There are many different chapters of bankruptcies: Chapter 7, 11, and 13. You should always discuss with an attorney before you file bankruptcy.
6- Do I have to list all my debts in a bankruptcy filing?
It is very important to list all your debts in a bankruptcy file because anything that is not listed will not be included, meaning if you receive a discharged, meaning that you will not be responsible for those debts anymore, if the debt’s not listed then you still will be responsible for that debt. And if you seek the advice of an attorney, they can work with you and review your credit to ensure that any possible creditors or debts that you may have are properly listed in the bankruptcy.
7- Can I get bankruptcy relief from my student loans?
Generally, it’s not possible to get bankruptcy relief from student loans. The problem is student loans are very, very important for our government and for the students of our country to be able to get an education. If people were able to very easily get rid of them in bankruptcy, the whole system would fail. Therefore, they’re very protected by our government.
8- Can I discharge medical bills in bankruptcy?
Yes, you can discharge medical bills and also hospital bills in bankruptcy. This is a very, very important part of either a Chapter 7 or a Chapter 13 in bankruptcy. Thank God we have these chapters in bankruptcy; they can help that because many people go into hospitals or into doctors’ cares and the amounts of money that need to be paid in order to pay these bills are astronomical. Luckily, you can get a brand new start with a Chapter 7 or a Chapter 13 and get rid of most if not all of your medical bills and your hospital bills.
9- Can a spouse bankrupt his/her alimony obligations in Florida?
In Florida, they may not do so. Alimony is one of the important, important things that judges and courts take into account because usually, a spouse cannot afford to maintain themselves, therefore the court order is alimony to one or the other spouse. It would be very unfair if a spouse could go ahead and declare bankruptcy and get rid of the alimony obligations. It’s a very, very long and hard field and you should certainly contact an attorney to get a more adequate response based on your situation.
10- Can an automatic stay in a bankruptcy case delay or stop a foreclosure?
An automatic stay is something that occurs when you file either a Chapter 7, a Chapter 11, or a Chapter 13 in bankruptcy. It will immediately stop the sale of foreclosure or the process of foreclosure at that point where it’s at, at that moment. This is a very important tool that we attorneys use in certain cases where the property is about to be sold but we feel that there still is left an opportunity to be able to modify the property to sell it or do something to the property to benefit our client.
11- Are there debts that I cannot discharge through bankruptcy?
There are some debts that are not dischargeable in bankruptcy, alimony being one of them, child support, some taxes owed to the U.S. government. Not all, some are dischargeable. Most money that is owed when you have student loans are also not dischargeable. However, it’s very important that you sit down with an attorney to discuss all the possibilities in what can or cannot be discharged in bankruptcy.
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