Bankruptcy in Florida is made under the heading 11 â € <â € Video Florida bankruptcy law
Bankruptcy Court in Florida
There are three districts of bankruptcy court in Florida, each divided into divisions.
Southern District of Florida
The Florida District Southern Bankruptcy Court covers the southern part of the State of Florida, including, Miami-Dade, Broward, Palm Beach, and Monroe County. Bankruptcy The judge sat down and heard the case in Miami, Ft. Lauderdale, and West Palm Beach. The Clerk of Bankruptcy Court also has an office in Miami, Ft. Lauderdale, and West Palm Beach.
Florida Central District
The Central Florida District Bankruptcy Court covers the central part of the State of Florida, including Tampa, Orlando, and Jacksonville. Bankruptcy The judge sits and hears cases at various locations, including Tampa, Orlando, and Jacksonville.
Northern District of Florida
The North Florida District Bankruptcy Court covers the northern part of the State of Florida, including Tallahassee. There was only one bankruptcy judge in the Northern District and he sat and heard the case in Tallahassee.
Maps Florida bankruptcy law
Filing Bankruptcy
Archiving Cost
The cost of filing bankruptcy is determined by the federal government and adjusted periodically. People below a certain level of income may be eligible to pay the filing fee in installments.
Legal Representation
Most people file for bankruptcy applications that are represented by lawyers because of the complexity of bankruptcy laws. There are lawyers specializing in bankruptcy law and there are people who practice bankruptcy law as part of their general practice. Filing for chapter 13 bankruptcy has become so complicated over the years, mainly due to the Bankruptcy Code of 2005, that very few people can successfully file and resolve the case of chapter 13.
Pro-Se
Some people filed for bankruptcy without the help of a lawyer. Filing bankruptcy without a lawyer is mentioned in law, filed pro se . The bankruptcy court strongly recommends you only file for bankruptcy with the help of an attorney. Many people file a pro se to stop foreclosure sales and do not intend to settle the case of bankruptcy. It is even estimated that about one-third of chapters 13 cases are filed in the Florida District Court of Bankruptcy filed pro se and are not pursued after the filing of the case and the imposition remains automatic, and the cases are dismissed within about a month after archiving. In some cases, voluntary bankruptcy lawyers are available to assist low-income people in filing for bankruptcy.
Forms of Bankruptcy
Official forms are used in filing bankruptcy cases. The bankruptcy case begins with the filing of the official bail petition form B1. The filing of a personal bankruptcy case chapter 7 or chapter 13 also entails applying A to J, financial affairs statements and the B22 form means tests.
Personal Bankruptcy
Chapter 7
Bankruptcy provisions The code for chapter 7 aid bankruptcy is commonly found in chapter 7 of the Bankruptcy Code. Sometimes chapter 7 bankruptcy is referred to as "straight bankruptcy" or "bankruptcy bankruptcy", but these terms are basically relics of the past and are unhelpful and misleading. Essentially, Chapter 7 bankruptcy provides for dischargeable debt discharges, which excludes irrevocable debts, such as the majority of student loans, benefits, child support, and some taxes. In most cases, the complainant under section 7 does not liquidate his property because all of his properties are "excluded". Examples of property liquidation under chapter 7 are generally only found when people mistakenly file under chapter 7 when they should file it under chapter 13 or should not file bankruptcy at all.
Chapter 13
The purpose of chapter 13 is to rearrange one's financial situation while under bankruptcy court protection. The reorganization is based on a 13-year plan proposed by an effective debtor when approved by a bankruptcy court.
Chapter 11
Chapter 11 bankruptcy is available to individuals and businesses, but there are very few individual chapters 11 cases put forward.
Business Bankruptcy
Generally
Almost all of the 11 chapter cases filed in Florida are by businesses, such as companies and LLC. Many businesses are located in Florida, although may apply in other states, such as Delaware or New York, for various reasons. One of the first important occasions is the filing of the Eastern Airlines Chapter 11 case in New York based on the fact that one of its small subsidiaries is located in New York.
Chapter 7
A business can file for chapter 7 liquidation bankruptcy. There is a misunderstanding among many people that a business is required to file for bankruptcy when it is closed due to financial pressure. In fact, in most cases, businesses can close and tear down business informally or formally under the applicable entity provisions of the Florida Statute. When a business file for Chapter 7 is bankrupt, a trustee is bankrupt designated who enters and takes control of his business and assets.
Chapter 11
A business can apply for Chapter 11 bankruptcy assistance for various purposes. Although Chapter 11 is generally regarded as for reorganization purposes, many business files for chapter 11 to generate business sales or regular liquidation of the business.
Exceptions
Generally
After filing a bankruptcy case, generally all the debtor's property becomes the property of the bankruptcy property. A bankruptcy property is defined broadly in the Bankruptcy Code to include all the rights of the debtor to the property. The use of exceptions is generally only in the case of personal bankruptcy and not in the case of business, as submitted under chapter 7 and chapter 11, filed by an entity, except by businesses operated as sole proprietorship. The applicable bankruptcy exceptions in Florida are generally established in several locations, including the Bankruptcy Code, the Federal Statute, the Florida Constitution, the Florida Statute, and Florida's common law.
Real Property
Homestead
Article X, section 4 of the Florida Constitution provides for the release of Florida Homestead. This type of "household clearance" should be distinguished from the exclusion of the homestead provided in connection with taxation and property inheritance.
Personal Properties
Certain private properties are exempt from bankruptcy property in Florida.
General Personal Properties, Household Items
Article X, section 4 of the Florida Constitution provides for the release of personal property of $ 1,000, which is duplicated if the bankruptcy case is a joint filing with a spouse. The Florida law provides an additional $ 4,000 in exemption for private property if the person does not benefit from the Florida homestead release.
Wages
The Florida Statement section 222.11 provides for the exclusion of limited wages.
Vehicles
Florida Statutes provides for exemptions of $ 1,000 in value vehicles. This is applied to equity in the vehicle if there is a lien in the vehicle for the loan.
Intangible Private Properties
Life Insurance
Florida Statutes provides certain exceptions for life insurance in section 222.13 and in section 222.14
Annuities
Florida Statutes 222.14 provides certain exceptions from annuities.
Retirement Benefits
Most retirement benefits, including IRAs, 401 (k) plans, and social security, are excluded in Florida.
Workers' Compensation Benefits
The Florida Statute imposes certain exceptions for worker's compensation allowances.
Benefits of Unemployment
Florida Statutes provides certain exceptions for unemployment benefits.
Property Excluded from Property Bankruptcy
Tenants by Entireties
The real or private possessions held among couples as tenants by the whole are not owned solely by the individual but possessed by marriage. Because of this ownership status, the property held as a lessee by the whole is generally exempt or not subject to a creditor's claims of one partner in Florida. Exceptions to this common law generally apply to real property as well as private property, but must be relied upon carefully as it may be difficult to prove that property is actually held as a tenant by the whole, especially for private property, and as the application of this exclusion various different bankruptcy judges.
Spending Trust
Waste trust is technically not "excluded" from the legacy of bankruptcy, but is "excluded" from bankruptcy property under section 541 (d) of the Bankruptcy Code. Extravagant trust is a Florida state law and must be met is a requirement to be considered a wasteful trust.
Legal Title Bare
Property in which the debtor holds only a legitimate title, not part of a bankruptcy estate under section 541 (d) of the Bankruptcy Code.
Creditor
The creditor is a person or entity that has a claim against the debtor or property of the debtor. Claims may have the status of administrative claims, priority claims, secure claims, or unsecured claims. There are various procedures that creditor must follow to protect their interests. In many cases, the creditor must submit evidence of the claim form to the court clerk involved in bankruptcy. Evidence of such a claim form should generally be filed before the "date bar" is set in each case.
Forced bankruptcy
Although almost all bankruptcy cases are voluntarily filed by the debtor, the Bankruptcy Code also provides for the filing of a deliberate bankruptcy case against a person or entity by a creditor. The purpose of filing a petition for an accidental bankruptcy case is usually as a way by the creditors to collect the debt.
Appeals from Bankruptcy Court
United States District Court
The first appeal rate of the Bankruptcy Court is usually to the United States District Court for the same bankruptcy court district. Occasionally, appeals are permitted to be taken directly to the 11th Circuit Court of Appeals.
The 11th Circuit Court of Appeals
The 11th Circuit Court of Appeal heard of an appeal from the United States District Court. It also heard the direct appeal of the bankruptcy court in certain circumstances. The 11th Circuit Court of Appeals is headquartered in Atlanta, Georgia, but has several local locations.
United States Supreme Court
An appeal from the 11th Circuit Court of Appeals was brought to the United States Supreme Court in Washington, DC. Throughout the history of bankruptcy law in the United States, the US Supreme Court has made a very important decision regarding the nature of bankruptcy courts and other issues of bankruptcy law. Among the most important cases are North Pipeline v. Marathon Pipel Line and Stern v. Marshall, . These cases relate to the power and jurisdiction of bankruptcy courts under article III of the US Constitution to provide an assessment in some cases.
Other Chapter of Bankruptcy Code
Chapter 12
Chapter 12 of the Bankruptcy Code provides bankruptcy assistance for family farmers and fishermen. Chapter 12 is rather hybrid from chapter 13 and chapter 11 bankruptcy. There are several cases of chapters 13 filed in Florida, except in the Bankruptcy Court for the Northern District of Florida.
Chapter 9
Chapter 9 of the Bankruptcy Code provides bankruptcy assistance for certain types of government entities.
Chapter 15
Chapter 15 of the Bankruptcy Code provides for the coordination of bankruptcy cases in the United States with bankruptcy and insolvency cases filed in other countries.
Rules of Bankruptcy Court Procedure
The rules governing the procedure in bankruptcy court are the Federal Rules of Bankruptcy Procedure. Many parts of the Federal Rules of Bankruptcy Procedure adopt the general Federal Civil Procedure Rules. The Florida Bankruptcy Court also has rules of local procedure.
Because the bankruptcy court is a federal court, the Federal Rules of Evidence.
Research
Personal Bankruptcy
Information for applying for personal bankruptcy under chapter 7 and chapter 13 is provided on the website of federal courts and various organizations, such as the National Consumer Bankruptcy Lawyers Association,
Business Bankruptcy
The American Bankruptcy Institute website provides much information about business bankruptcy law.
Case Law
The law on bankruptcy law can be found primarily in decisions of bankruptcy courts, district courts, appellate courts, bankruptcy appeals panels and the US Supreme Court. Case law is available on some Bankruptcy Court websites.
Current Problem
There are many blogs on the internet that provide many articles on current bankruptcy law matters.
References
Source of the article : Wikipedia
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