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bankrupcy laws of florida

 
 
Reply Tue 21 Jul, 2009 07:59 pm
If I claim bankrupcy in florida am I subject to have my home searched?
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Type: Discussion • Score: 4 • Views: 1,798 • Replies: 6
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djjd62
 
  1  
Reply Tue 21 Jul, 2009 08:05 pm
for what?
panzade
 
  1  
Reply Tue 21 Jul, 2009 08:10 pm
@djjd62,
it might depend on whether it is Chapter 7 or Chapter 13...here's a useful site with FAQs

Quote:
The differences between Chapter 7 and Chapter 13 bankruptcy begin with a means test. In order to file under Chapter 7, your family income cannot exceed the Florida median income for families of a similar size.

If you qualify for Chapter 7 bankruptcy, you can discharge unpaid credit cards, medical bills, certain kinds of loans, and other forms of unsecured debt.

If your income is too high, you can file for bankruptcy under Chapter 13. Under Chapter 13, your debt will be restructured in order to allow you to pay off a percentage of what you owe over a 3 or 5 year period.

In both instances, once the court approves your bankruptcy plan, there is very little creditors can do to force you to pay late fees, fines, or harass you as long as you stay current in your payments to the trustee.


Quote:
You are allowed to keep your secured debt if you wish. This usually means your home, car and any number of other secured purchases such as appliances, jewelry, etc. These debts are allowed to "pass through" bankruptcy without being affected.


http://www.iambankrupt.com/chapter7.html
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joefromchicago
 
  1  
Reply Wed 22 Jul, 2009 08:19 am
@djjd62,
djjd62 wrote:

for what?

And by whom?
parados
 
  2  
Reply Wed 22 Jul, 2009 08:27 am
@joefromchicago,
I guess it all depends on whether you declare the pot plants as assets or not....



I get the sense this question is asked in reference to a desire to hide assets and worry that the court or it's representative will search for what is being hidden.
joefromchicago
 
  1  
Reply Wed 22 Jul, 2009 08:36 am
@parados,
Yeah, pot plants can be tricky. Is it a business asset? A farm? A hobby?

As for the question suggested in the thread title, the bankruptcy laws in Florida are the same as the bankruptcy laws everywhere else. There's only one bankruptcy law in the US.
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panzade
 
  2  
Reply Wed 22 Jul, 2009 08:45 am
@parados,
Quote:
I get the sense this question is asked in reference to a desire to hide assets and worry that the court or it's representative will search for what is being hidden.


You mean the poster could be Ruth Madoff?
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