Florida Bankruptcy Legal Questions

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227 legal questions have been posted about bankruptcy by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Florida Bankruptcy Questions & Legal Answers - Page 8
Do you have any Florida Bankruptcy questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 227 previously answered Florida Bankruptcy questions.

Recent Legal Answers

Can I get my filing fee waived in a chapter 13?

Answered 12 years and 8 months ago by Mark Stuart Cherry (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Yes. You can get the forms from the Clerk of the Bankruptcy Court.
Yes. You can get the forms from the Clerk of the Bankruptcy Court.

Can I get my filing fee waived in a chapter 13?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You'll have to apply to have the fee waived. It is up to the judge.
You'll have to apply to have the fee waived. It is up to the judge.

Can I get my filing fee waived in a chapter 13?

Answered 12 years and 8 months ago by Patrick Jay Edaburn (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
It is possible but if you do not have money for the filing fee how do you get money to cure the default.
It is possible but if you do not have money for the filing fee how do you get money to cure the default.

Should I file for chapter 7 since we have separate households and never lived together and share no income or bills?

Answered 12 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can file a bankruptcy alone, you do not need to include him, you never lived together. Chapter 7 is available to you if you make under the median income of the state for your household, and it appears that if your parents are basically dependents, you could make probably around $55,000 per year and still file chapter 7. Consult with a local bankruptcy attorney. A reasonable fee is around $1500 and the filing fee is $306, plus you have to take a class before you file and a class after you file, and the cost of that is around $50.... Read More
You can file a bankruptcy alone, you do not need to include him, you never lived together. Chapter 7 is available to you if you make under the median... Read More

Can my husband file bankruptcy if he got into a car accident back in 2004 in the state of Florida?

Answered 12 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
In order to answer this question we need to know a lot more facts than are given. If he was charged criminally because of the accident, the debt cannot be discharged. The best thing to do is to go see a bankruptcy attorney in your area and be ready to answer a lot of questions.
In order to answer this question we need to know a lot more facts than are given. If he was charged criminally because of the accident, the debt... Read More

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by Sanford M. Martin (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Garnishment doesn't affect or limit filing rights.? Perhaps you should have filed before the garnishment because any pay that is taken before the filing will not be returned to you.
Garnishment doesn't affect or limit filing rights.? Perhaps you should have filed before the garnishment because any pay that is taken before the... Read More

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by Mr. Rustin Scott Polk (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Once your bankruptcy case goes on file, your lawyer will handle the part about forcing the creditors to remove the wage garnishments.
Once your bankruptcy case goes on file, your lawyer will handle the part about forcing the creditors to remove the wage garnishments.

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Once you file a bankruptcy, they have to release the garnishment.
Once you file a bankruptcy, they have to release the garnishment.

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by Mark Stuart Cherry (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Once you file the garnishments must be stopped.
Once you file the garnishments must be stopped.

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by Norman P. Moore (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Your question is too general, too broad and too immediate to be answered here.
Your question is too general, too broad and too immediate to be answered here.

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by Stephen Linden (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Anyone can file own bankruptcy and can ask Bankruptcy court to waive the filing fee additionally upon filing garnishments must be terminated pursuant to the automatic stay.
Anyone can file own bankruptcy and can ask Bankruptcy court to waive the filing fee additionally upon filing garnishments must be terminated... Read More

How do I file bankruptcy if the creditors I owe are garnishing my pay?

Answered 12 years and 8 months ago by attorney Mr. Christopher J. Kane   |   7 Answers   |  Legal Topics: Bankruptcy
You should meet with an experienced bankruptcy attorney and find out what kind of bankruptcy (if any) you qualify for and what steps you need to take to get the case filed. As soon as the case is filed and the garnishing creditor gets notice of the filing, the garnishment will stop.
You should meet with an experienced bankruptcy attorney and find out what kind of bankruptcy (if any) you qualify for and what steps you need to take... Read More

How soon can a person file another chapter 13 if they were released in 2011?

Answered 12 years and 8 months ago by Michael Avanesian (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
It all depends on what "released" means and other related factors.
It all depends on what "released" means and other related factors.

How soon can a person file another chapter 13 if they were released in 2011?

Answered 12 years and 8 months ago by William Rhymer (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Another Chapter 13 can be filed at any time. However, the type of Chapter 13 will depend on the facts of the previous Chapter 13.
Another Chapter 13 can be filed at any time. However, the type of Chapter 13 will depend on the facts of the previous Chapter 13.

How soon can a person file another chapter 13 if they were released in 2011?

Answered 12 years and 8 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
I am not sure what a "release" is. Do you mean that you obtain a discharge?
I am not sure what a "release" is. Do you mean that you obtain a discharge?

How soon can a person file another chapter 13 if they were released in 2011?

Answered 12 years and 8 months ago by Deborah F. Bowinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
A second alchapyer 13 case can be filed as soon as two years after the filing date of the first one.
A second alchapyer 13 case can be filed as soon as two years after the filing date of the first one.

How soon can a person file another chapter 13 if they were released in 2011?

Answered 12 years and 8 months ago by Patrick Jay Edaburn (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
By released do you mean discharged? You have to wait at least two years between Chapter 13 filings (I presume you want to file a 13 if your goal is to save the house). In that case depending on when the old case was filed you may be eligible again. But you should check with an attorney in person.... Read More
By released do you mean discharged? You have to wait at least two years between Chapter 13 filings (I presume you want to file a 13 if your goal is... Read More

How soon can a person file another chapter 13 if they were released in 2011?

Answered 12 years and 8 months ago by Atty. Deborah A. Stencel (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
You likely can file a 13 now. If your case was discharged in 2011, you may not receive a discharge in this case. You will need enough income to fund a plan, however. Talk to an attorney about your situation.
You likely can file a 13 now. If your case was discharged in 2011, you may not receive a discharge in this case. You will need enough income to fund... Read More

BANKRUPTCY

Answered 12 years and 8 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
Your facts are very unclear.  When you say you "since had other creditors", what does that mean?  Do you mean you incurred new debts after you filed your prior bankruptcy case, or do you mean you had debts that you incurred prior to filing your prior bankruptcy case that you failed to include on your schedules? Bankruptcy only discharges debts that are owed prior to the date the case is filed.  If these debts fall into that category, then you may not need to do anything depending on which chapter you filed, whether assets were distributed in the case, and the court decisions regarding unscheduled debts in your jurisdiction. You need to consult with a bankruptcy attorney in your area. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More
Your facts are very unclear.  When you say you "since had other creditors", what does that mean?  Do you mean you incurred new debts after... Read More

Should I file for bankruptcy? How?

Answered 12 years and 8 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Bankruptcy will stop the garnishment, but you normally do not get the funds that have been paid to the creditor.
Bankruptcy will stop the garnishment, but you normally do not get the funds that have been paid to the creditor.

Could Grandmother quit claim to adult Grandson and possibly avoid any future attachments from son's creditors?

Answered 12 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
There does not appear to be any reason why the grandmother cannot deed the home to the grandson. The debt is not the grandmother's or the grandson's, so there is no shielding of that. If however, the son has an actual interest in the property, this could be viewed as a fraudulent conveyance.... Read More
There does not appear to be any reason why the grandmother cannot deed the home to the grandson. The debt is not the grandmother's or the grandson's,... Read More

Does this loss fall on me after Divorce and selling house and ex declared bankruptcy?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
He is not liable for the mortgage. You need to talk to your divorce attorney to see how to handle the sale of the house.
He is not liable for the mortgage. You need to talk to your divorce attorney to see how to handle the sale of the house.

can i claim bankruptcy if i owe $24k & make 1400.00 monthly & am single?

Answered 12 years and 8 months ago by Lynn Willyerd Rhodes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
THERE IS A FORM TO FILL OUT TO SEE IF YOU QUALIFY FOR BANKRUPTCY.  YOU CAN USUALLY REAFFIRM THE DEBT ON THE CAR AND IF YOUR CONDO IS YOUR HOMESTEAD, NO PROBLEM THERE.
THERE IS A FORM TO FILL OUT TO SEE IF YOU QUALIFY FOR BANKRUPTCY.  YOU CAN USUALLY REAFFIRM THE DEBT ON THE CAR AND IF YOUR CONDO IS YOUR... Read More

How can I improve my credit?

Answered 12 years and 8 months ago by Mr. Robert Louis Peters, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
We can definately help you with our 90 day makeover program.
We can definately help you with our 90 day makeover program.

If my fiance is about to file bankruptcy, how do I protect myself?

Answered 12 years and 8 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
He should be able to get some of these questions answered by talking to his bankruptcy attorney.
He should be able to get some of these questions answered by talking to his bankruptcy attorney.