{"id":5008,"date":"2024-02-20T10:30:55","date_gmt":"2024-02-20T10:30:55","guid":{"rendered":"https:\/\/www.brandonlawyer.com\/?p=5008"},"modified":"2024-02-27T10:34:13","modified_gmt":"2024-02-27T10:34:13","slug":"chapter-7-myths","status":"publish","type":"post","link":"https:\/\/www.brandonlawyer.com\/blog\/2024\/february\/chapter-7-myths","title":{"rendered":"Chapter 7 Bankruptcy Myths in Florida"},"content":{"rendered":"
Chapter 7 bankruptcy in Florida is a crucial financial tool for individuals facing overwhelming debt burdens. Brandon, a suburban community in the Tampa Bay area, follows the federal guidelines of <\/span>Chapter 7 bankruptcy<\/span><\/a>. That offers residents an opportunity for a fresh start.\u00a0<\/span><\/p>\n This form of bankruptcy involves liquidating non-exempt assets to settle outstanding debts, focusing on relieving debtors who cannot manage their financial obligations.\u00a0<\/span><\/p>\n Individuals must navigate specific eligibility criteria and understand the state’s unique exemptions to ensure a smooth bankruptcy process.\u00a0<\/span><\/p>\n Chapter 7 bankruptcy<\/span><\/a>, also called “straight” or “liquidation” bankruptcy, aims to provide individuals or businesses facing financial difficulties a fresh start by wiping out most of their unsecured debts, such as credit card debt and medical bills.<\/span><\/p>\n Below are some crucial points about Chapter 7 bankruptcy in Florida:\u00a0<\/span><\/p>\n We discuss the benefits and drawbacks of Chapter 7 bankruptcy to help you weigh the pros and cons before making informed decisions about your financial situation.\u00a0<\/span><\/p>\n Bankruptcy<\/span><\/a> doesn’t mean you’re broke. It just means that your debts are more than your assets. In this type of bankruptcy, you sell some assets (like a second home or extra vehicle) to pay off debts, but you can usually keep your main home, one vehicle, and some insurance policies.<\/span><\/p>\n Chapter 7 bankruptcy <\/span>allows you to eliminate a significant part of your debts<\/b>. Once qualified, you will not be pursued by creditors because of the <\/span>automatic stay<\/span><\/a>. You also won’t be obligated to repay certain debts.<\/span><\/p>\n If you qualify for this type of bankruptcy, the process is relatively fast, <\/span>taking only a few months to complete<\/b>. That is much quicker compared to other bankruptcy chapters.<\/span><\/p>\n After your assets are sold, <\/span>creditors cannot touch your income or demand more<\/b> money. The income you earn after your case is concluded remains yours and is not used to settle any outstanding debts.<\/span><\/p>\n While this type of bankruptcy has benefits, it may not suit everyone. <\/span>Chapter 13<\/span><\/a> bankruptcy might be better, depending on your situation. Here are some drawbacks to choosing liquidation bankruptcy in Florida:<\/span><\/p>\n This type of bankruptcy is only for individuals and couples, <\/span>not for businesses<\/b>. Sometimes, even spouses may need to file separately.<\/span><\/p>\n Certain debts<\/b>, such as child support, some <\/span>student loans<\/span><\/a>, post-bankruptcy debts, criminal fines, and most taxes, <\/span>are not eliminated by Chapter 7<\/b>. Co-signers might still be responsible for loans.<\/span><\/p>\n To qualify, you must pass a <\/span>means test<\/span><\/a>, considering factors like dependents and transportation expenses. Failing the test might lead you to file for Chapter 13 bankruptcy.<\/span><\/p>\n Once resolved, the bankruptcy becomes public information. That can be accessed by potential employers, investors, partners, and others. It can affect your future business opportunities and loan approvals.<\/span><\/p>\n We debunk five common myths surrounding Chapter 7 bankruptcy in Florida to clarify and dispel misconceptions about the process.<\/span><\/p>\n Contrary to the belief that filing for this type of bankruptcy in Florida means losing everything, <\/span>there are<\/b> exemptions<\/span><\/a> to<\/b> protect certain assets<\/b>. You can keep most belongings through these exemptions, while some items may be sold to settle debts.<\/span><\/p>\n Filing for <\/span>this chapter doesn’t wipe away all debts<\/b>. Particular obligations, like student loans, tax debts, and divorce-related payments, still need to be paid. It’s crucial to understand that liquidation bankruptcy doesn’t eliminate all types of debts.<\/span><\/p>\n Although filing for this chapter affects your credit, <\/span>it’s not a permanent stain<\/b>. With responsible financial practices, you can start rebuilding your credit shortly, often within a year or less.<\/span><\/p>\n Whether both spouses need to file for this chapter depends on the nature of their debts and asset ownership. <\/span>If only one spouse files<\/b>, <\/span>only their debts are discharged<\/b>, leaving the other spouse responsible. That can help preserve one spouse’s credit.<\/span><\/p>\n You can file for Chapter 7 bankruptcy again <\/b>after eight years. However, qualifying for Chapter 13 takes even less time. While it’s an option, it’s not always the best solution.\u00a0\u00a0<\/span><\/p>\n Below is the process of filing for liquidation bankruptcy in Florida:\u00a0<\/span><\/p>\n We explore additional considerations and potential concerns related to Chapter 7 bankruptcy below:\u00a0<\/span><\/p>\n In this chapter, you can keep your car through <\/span>redemption<\/b>. That means you can buy your car from the creditor at its current market value, which can be financially beneficial if it’s worth less than what you owe on the loan. That helps you get the car at a discount and keep ownership.<\/span><\/p>\n An executory contract is <\/span>an agreement where both parties have obligations to receive a benefit<\/b>, like a car lease. Chapter 7 allows you, or the trustee, to decide whether to keep or reject these contracts.\u00a0<\/span><\/p>\n With a car lease, rejecting an executory contract means giving the car back with no further liability. If you choose to keep it, you need to make payments. The leasing company can also take back the car if you miss payments.\u00a0<\/span><\/p>\n It’s important to note that assuming the contract isn’t the same as reaffirming it. The leasing company cannot sue you for the remaining payments if you default.<\/span><\/p>\nShort Summary:<\/b><\/h3>\n
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What is Chapter 7 Bankruptcy in Florida?\u00a0<\/b><\/h2>\n
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What are the Advantages and Disadvantages of Chapter 7 Bankruptcy?\u00a0<\/b><\/h2>\n
The Pros of Filing for Chapter 7\u00a0<\/b><\/h3>\n
Discharge Most of Your Debts<\/b><\/h4>\n
Quick Process<\/b><\/h4>\n
Freedom from Future Obligations<\/b><\/h4>\n
The Cons of Chapter 7 Bankruptcy<\/b><\/h3>\n
Only for Individuals<\/b><\/h4>\n
Not All Debts Discharged<\/b><\/h4>\n
Potential Means Test Failure\u00a0<\/b><\/h4>\n
Public Record\u00a0<\/b><\/h4>\n
What are the Five Myths About Chapter 7 Bankruptcy in Florida You Need to Bust Now?\u00a0<\/b><\/h2>\n
Myth 1: I Will Lose Everything<\/b><\/h3>\n
Myth 2: I Will Be Debt-Free After Filing<\/b><\/h3>\n
Myth 3: My Credit Will Be Ruined Forever<\/b><\/h3>\n
Myth 4: Both Spouses Have to File<\/b><\/h3>\n
Myth 5: I Can Only File for Bankruptcy Once<\/b><\/h3>\n
How Can I File for Chapter 7 in Florida?\u00a0<\/b><\/h2>\n
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What are Other Concerns About Chapter 7 Bankruptcy?<\/b><\/h2>\n
Keeping Your Car<\/b><\/h3>\n
Executory Contracts<\/b><\/h3>\n
Student Loans\u00a0<\/b><\/h3>\n