Introduction
At times, one may experience economic circumstances due to unexpected expenses, unfavorable loans with high interests, or a multitude of other reasons which are specific to the individual. Bankruptcy offers options. The state of bankruptcy is not easy for anyone. None the less, one has to go through it if the situation arises. However, it is not necessary to surrender everything one can always use legal exemptions that may allow the individual to keep certain assets.
Exemption
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The allowable exemptions in Florida are dependent on the client filing for bankruptcy in a Florida Federal Court. At times, it may be the house or if the spouse or child of the late homeowner who would want an exemption on a homesteaded house. There are different laws to define exemption of properties from creditors. In Florida, you will have a homestead exemption most of the times. This homestead exemption does not extinguish the mortgage on the house.
While filing for bankruptcy, you need to mention the properties on which you seek exemption. However, if the property itself has been used as a security against the loan then it is not possible to exempt it. Hence, it is necessary to look into allowable exemptions before seeking them.
Other exemptions include one vehicle worth up to $5,000.00 furnishings worth $1,000 under current market value, retirement accounts, annuities, 401k plans, 529 Education plans, certain pensions and ERISA accounts and certain types of personal medical equipment or handicap tools.
If you are not fully versed in Federal Law and Florida Law exemptions, then it is best that you hire a lawyer. The lawyer will help you with all the woes relating to Federal Law and Florida Law exemptions.
Filing for Bankruptcy
At the time of filing for bankruptcy all debt and assets should be disclosed to the Court and trustee. This usually takes the form of an affidavit and answering questions from an appointed trustee under oath. It is a painstaking situation. Once you file for bankruptcy, your miscellaneous earnings, benefits, pension, real estate etc. will be looked into, specially the last six months prior to filling.
The laws of Florida integrate with the U.S bankruptcy code. Florida has a separate set of laws of its own. These are known as state laws. The main application of the State Laws are the particular exemptions that the State of Florida permits as outlined above.
Additionally, in terms of income, in Florida, you will be exempted from benefits provided by certain State administered plans, a percentage of your wages (usually 75%), and certain benefits provided to civil servants and veterans. The laws for rail road workers, fishermen, seaman etc. are different from those that apply to general public. These laws are formulated under specially regulated federal labor market laws.
Chapter 7
Chapter 7 is also known as complete liquidation of unsecured debt. In such case, all the assets of the bankrupt except the exempted ones are sold away so that the creditors can have a portion of their money back. The conclusion of a Chapter seven is signified by a Court Ordered Discharge. Once the discharge has been entered, the debtor is free from the discharged debt and former creditors are prevented from any further harassment against the former debtor.
Certain types of debts, however, are not dischargeable. These include certain types of alimony, child support, some taxes, student loans, and other federally regulated debt. The most common discharge are medical bills and Judgments.
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