Category: Bankruptcy Law

Guide in Understanding More About Bankruptcy, Rehabilitation

Florida has some of the most restrictive bankruptcy laws in the nation. Each and every member of the Florida bankruptcy court is required to complete and file an extensive set of financial reports and disclosures that clearly outline their total financial assets and liabilities. There are mandatory credit counseling sessions that must be attended by all bankruptcy cases. Many times there are lengthy, expensive and time consuming evidentiary hearings. The result is an immense stress on the part of the debtor that can lead to further financial hardships and even the filing of a petition for a new bankruptcy case, said a business bankruptcy attorney in Florida.

 

business bankruptcy attorney in FloridaIt is important to understand that if your home is facing foreclosure and you have hired an attorney that is just doing the paperwork as part of their routine, they may not fully understand the complexities of the Florida bankruptcy law or how it will impact your home in your foreclosure defense. An experienced attorney is well trained in all areas of the bankruptcy code including the intricacies of the Florida Statute of Limitations. An attorney who is an expert in the Florida Statute of Limitations (the time period for which debts can be collected in a bankruptcy proceeding) will understand and respect this area of the law. An experienced attorney will also be familiar with any amendments to the Florida Statute of Limitations.

 

In Florida, when a bankruptcy case is filed, the court expects the attorneys to provide “one stop shopping” services for all of the creditors of the debtor. This includes a complete inventory of the debtor’s debts and the amounts owed to each of the creditors. This inventory will also include all correspondence between the debtors and their creditors to obtain a modification to the payment plan. In a typical case, an attorney may submit an inventory to the court covering the names and amounts owed to all creditors. Then, the inventory would be submitted to the Office of the Clerk of Courts for review and certification.

 

If you choose to use an attorney to represent you in the Florida bankruptcy process, you will want to ensure that he or she thoroughly understands and knows the importance of having a complete inventory, as well as any changes to the statute of limitations. A bankruptcy lawyer who is an expert in the Florida Statute of Limitation (it) will have an extensive knowledge of the requirements for obtaining a stay of foreclosure. Attorneys who are members of the Florida Bar Association, by the way, are required to take and pass the bar exam on behalf of their clients.

 

Fraudulent Transfer of Debts – Another area where an experienced attorney can make a real difference in fighting back against a fraudulent transfer of debt occurs when an individual fails to disclose their bankruptcy filing prior to initiating any negotiations with their former creditors. An attorney representing a client who has filed for bankruptcy protection is usually adept at discovering this type of fraud. Once this information is revealed, they can work aggressively and successfully acquire new debt relief through settlement with the creditors. This transfers the right of recovery from the bankrupt individual and place it in the hands of their new legal representative. This can drastically reduce the time frame in which the borrower must repay the fraudulent transfer of debt.

As you can see, there are many ways that a qualified lawyer can make a real difference in your ability to achieve financial stability and actual victory over your creditors. Because these types of cases are so involved, you will want to work with an attorney who holds an advanced degree in the area of finance and has many years of litigation experience. This type of lawyer will have access to the best technology and resources to assist you in your efforts. If you have been accused of any of these types of crimes, contact an attorney immediately for aggressive litigation and financial restructuring.