A chapter 7 bankruptcy is sometimes called a Straight Bankruptcy or a Liquidation Bankruptcy.
When you file a Chapter 7 bankruptcy you get to keep your “Exempt” assets, and your non-exempt assets need to be turned in to the Bankruptcy Trustee so that they may distribute the value of the assets amongst your creditors.
Florida residents have a list of exemptions set by state law and in some areas, are very generous. In order for you to be considered a Florida residence you must have resided in our state for the last 2 years.
Otherwise you may be forced to take the Federal exemptions, and or exemptions in your previous state of residence.
Chapter 7 bankruptcy will help you discharge unsecured debt. Secured debt will not be discharged.
Typical examples of unsecured debt are: Visa/Mastercard, hospital bills, judgments, department store cards, and more.
Typical examples of secured debts are: mortgage, car loan, collateralized debts and more.
If you want to keep the property that is secured by the debt then you have to keep making the payments, or if you do not wish to make the payment anymore then you can turn the secured property back in (the car, or home, or other secured property) and then you would be free from that debt obligation in bankruptcy.
Also, it is important to note, that once a bankruptcy is filed there is an automatic stay placed on your financial affairs. This generally stops most lawsuits, and collection efforts against you: It buys you a little breathing room to catch up on your affairs.
And, not everyone can file a chapter 7. Several factors can restrict your ability to file a chapter 7 bankruptcy such as a previous filing, or being above an “income means test.”
It is important to have a consultation with us first, so that we can assess the benefits of a chapter 7 Bankruptcy versus other debt relief measures that can be available for you.
Have questions or would like to make an appointment?
Call us at 407 518 - 7160 or use our contact form.