Bankruptcy law is that section in the federal law dealing with the bankrupt businesses or individuals. Florida bankruptcy law clarifies the procedure related to federal bankruptcy and general pertaining issues related to the Florida residents.
Florida bankruptcy law allows only a permanent Florida resident for filing bankruptcy in the bankruptcy courts of Florida. Florida homes 3 bankruptcy courts with each bankruptcy district having one - Florida Northern Bankruptcy Court, Florida Southern Bankruptcy Court, and Florida Middle Bankruptcy Court. Bankruptcy filing is required to be done in district of their residence. Mostly, the bankruptcy claims in Florida, similar to the Illinois bankruptcy law, are under Chapter 13 and 7 of Federal Bankruptcy Law.
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Straight or liquidation bankruptcy is the other name of Chapter 7 and chapter 13 is referred to as wage-earner plan. When either of the two chapters of bankruptcy filing is done, a bankruptcy trustee gathers the entire non-exempt property of the applicant and puts them on sale for benefiting the creditors. However, they do not accept exempted properties for selling procedures. Florida bankruptcy-law helps in the determination of exempt and non-exempt properties. If Florida bankruptcy-law renders an individual to be ineligible for exemption, they are permitted for choosing federal exemptions.
Florida bankruptcy-law deviates from Michigan bankruptcy law with regards to their policy to the exempted properties. Exempted properties are incorporated in the exemption chart of Florida. An individual can exempt a property, which comes under any category of the exemption chart, closer to the amount listed. Florida bankruptcy-law permits liberal policy in bankruptcy exemption. Insurance policies, personal properties, motor vehicle, homestead, part of the wages, compensation benefits for unemployment, benefits for disability, education funds, retirement and pension funds along with health-aid interests are among the things that are exempted by Florida.
The amended Florida bankruptcy-law, which has become effective from the second week of October 2005, has complicated the bankruptcy filing cases. It involves impediment for bankruptcy filing, renewed rules of court, newer forms, and extra loads to debtors and their attorneys. The amended Florida bankruptcy law has now made the Florida exemption laws applicable only in cases where you have been living in the state for couple of years prior to date of filing. If you have not been living in Florida then for getting exemption, you should be spending in the state better part of the 6 months prior to these 2 years.
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