Bankruptcy is a legal process designed for individuals who are unable to repay their debts, and want to make a fresh financial beginning. The federal law provides the right to file for bankruptcy, and the United States bankruptcy court (federal court) will handle all bankruptcy cases.
Obtaining a Copy of Your Bankruptcy Filing
Public access to Florida bankruptcy court documents is provided by the federal judiciary through an electronic service called PACER (Public Access to Court Electronic Records). Your bankruptcy lawyer in Florida will help you obtain a copy of your bankruptcy filing through this system.
What can a Florida Bankruptcy Court do for You?
The United States bankruptcy court has the power to help you make a new financial start. With a competent legal representation from Florida bankruptcy attorney, you may be able to get relief in the following areas:
- Removal of your legal obligation to repay all or most of your debts (debt discharge).
- Stop foreclosure on your home and provide you an opportunity to start fresh and catch up on the missed mortgage payments.
- Prevent any repossession of your property or vehicle, or ask the creditors to return any repossessed property.
- Put an end to debt collection harassment, wage garnishment, and other creditor tactics to recover debt.
- Restore a terminated utility service or prevent termination.
- Give you the opportunity to challenge creditor claims if they have acted fraudulently or are otherwise seeking to collect more than what you actually owe.
Types of Bankruptcy You can File in Court
US bankruptcy court allows you to file the following 4 types of bankruptcy:
- Chapter 7: This is also called liquidation, which will require you to give up property that is in excess of certain Florida exemptions. The property will be sold off to pay your creditors.
- Chapter 11: This involves reorganization of debts. Large individual debtors as well as businesses often choose this option.
- Chapter 12: Family farmers can file for this in a US bankruptcy court.
- Chapter 13: Also known as debt adjustment, this will let you submit a plan to retire your debts (or a part of them) from your present income.
Whether you plan to file for bankruptcy as an individual, as a married couple, or while going through a divorce proceeding, it is best to seek legal advice from an experienced Florida bankruptcy lawyer before filing.
Will You be Required to Go to Court?
In a majority of bankruptcy cases, you may not need to visit a Florida Federal bankruptcy court. You will only be required to participate in a proceeding known as “Meeting of Creditors” where you can meet creditors (if they choose to come) as well as the bankruptcy trustee.
In a few cases, where complications may arise, or where you have disputed a creditor’s claim, you might be required to appear in court for a hearing before the judge.
Schedule a Consultation with an Experienced Bankruptcy Attorney Today!
At the law offices of Patrick Cordero, we are committed to helping individuals, couples, and firms in Florida who are struggling with debt and considering bankruptcy. We will ensure that you can make the best use of your rights under bankruptcy protection.