Bankruptcy New Law Faqs
New Bankruptcy Law
Are your overwhelmed with debt? Bankruptcy relief is still available. Despite the new act passed by Congress effective October 17, 2005, there is still a bankruptcy law and most people who need assistance will be eligible to file a Chapter 7 bankruptcy to eliminate their debt. A Chapter 13 payment plan may be necessary and helpful in particular cases. Do not let creditors, the media, or your understanding of the new law mislead you into believing there is no longer a bankruptcy remedy. Bankruptcy remains a last resort, and we may be able to help you with your creditors and avoid the filing of an unnecessary bankruptcy. We will advise you as to the pros and cons of filing a bankruptcy. (See the discussion regarding the new means test and median income table)( See the discussion regarding many false ideas about bankruptcy myths )
Though prospective clients are not required to use attorneys to file bankruptcy, the new law creates more work for the clients and the attorneys. The new law has created many traps due to lack of knowledge about the new law. Congress has required that we use the term “debt relief agency”, but skilled legal advice is necessary now more than ever.
Please do not wait to the last minute to seek bankruptcy assistance. A bankruptcy case cannot be filed without a certificate from an approved credit counseling agency. We can provide you the approved list.
For Florida homeowners, there have been substantial changes in the homestead protection from creditors. Florida law had provided an unlimited dollar amount of protection from the claims of creditors. This is no longer the case. You must have owned your residence for more than 3 years and 4 months to have a full exemption. You are protected if you owned a previous Florida home, sold the home, and used the proceeds to buy your current home. If you have not had a Florida homestead for this period, the amount of the exemption is only $125,000 (arguably $250,000 for husband and wife). This value has been increased due to inflation adjustment (This figure is based on the value of your home over the amount of your mortgage-the equity, not the full value). However, for even the lower exemption, you must have been a Florida resident for two years. Other issues are involved as to your home and other exemptions from creditors. No opinion can be given here as to the applicability of exemptions in a particular case. for a general discussion of exemptions in Florida, seeexemption list For more details, see the attorney seminar for homestead on this website. homestead seminar
The issues raised by the new law are complex and too numerous to review here. We can discuss them as they apply to you in our initial consultation. Great care must be taken not to file a case if it would create more harm than benefit. Great care must be taken to prepare and follow-through with the case correctly from beginning to end. But for most individuals, they will be able to successfully obtain the discharge of their debts without losing any property even under the new law. We will help you with this process.
For more bankruptcy faqs, see the other pages of this website.
Contact South Florida Bankruptcy attorney now for a free consultation.
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