What Debts In A Florida Bankruptcy Cannot Be Excused?

By Author: Grant J Gisondo
Total Articles: 10
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The rules for bankruptcy are set by the Federal Government, but the bankruptcy itself is handled by state bankruptcy courts. You would file for bankruptcy at the county clerk’s office in the county where you reside. To file a bankruptcy petition in Florida, you must have resided in the state for at least 180 days. And, to have debts excused or, in other words, exempt, you would file for Chapter7 bankruptcy. Most debts can be excused, but those that cannot be exempt and are called non-dischargeable debts are:
• Student loans
• Back child support and back alimony
• Most back taxes and fine

Other interesting facts about Chapter 7 bankruptcy in Florida are:
• You must take a means test first to see if you are eligible to file bankruptcy Chapter 7
• You must take a non-profit credit counseling course given by a state-approved agency. Sometime during the l60 before the bankruptcy is filed, you must complete the course and receive the approved certificate of completion.
• A United States Trustee will be appointed to determine what assets, called the estate, are non-exempt and ...
... must be sold. The proceeds of the sale will be disbursed to help reduce the debt.
• All creditors will be sent a Notice of Commencement that there will be a bankruptcy petition filed.
• Approximately 40 days after filing, what is termed a 341 meeting will be called where the debtor and the creditors will meet for questions. The debtor is required to attend and be sworn in under oath and should this not happen, the case will be dismissed. A picture ID and a social security number must be given. Creditors are not required to attend, but they usually do.
• Once the bankruptcy case has been completed, and the dischargeable debts are forgiven, an automatic stay will be granted to prevent the creditors from harassing and pursuing collection actions.
• Ten years is the maximum length of time a bankruptcy remains on a credit report.

It is often thought that filing for bankruptcy is a simple procedure and can be done without professional legal help. Rarely is this the case as there are numerous hoops you must jump through, and if not jumped through properly, your case will be dismissed. You can file independently, but wisdom will advise otherwise. The cost of hiring professional legal help will usually be overshadowed by the savings you will recoup at the end of your bankruptcy. For example, you might think an asset is non-exempt when in reality, it is exempt and does not have to be sold to help reduce debt. While it is true that the United States Trustee will make final decisions on what must be sold and what can be kept, a good bankruptcy lawyer can work with the Trustee and often influence their decision by proving value and actual ownership. A good lawyer knows the law and will be on your side. They will also be with you in court on your behalf, which0u can be a big relief and firm help.

Grant J. Gisondo is the founder of Grant J. Gisondo, P.A. to focus his practice on family and marital law with offices in West Palm Beach serving Palm Beach County, Martin County, Saint Lucie County, Broward County, Miami-Dade County, Hillsborough and Orange County. Grant J. Gisondo. P.A. is a Board Certified Family Attorney in Palm Beach Gardens FL