Orange County, FL Bankruptcy Guide

Basics
- Bankruptcy Basics - (Basics)
  • How Chapter 7 Bankruptcy Works in Florida
    How Chapter 7 bankruptcy can help you cancel your debts, protect your exempt property, and stop bill collectors.
  • What are the different kinds of bankruptcy?
    This site focuses on Chapter7 and Chapter 13. But there are also chapters 11, 12, 9, and 15
  • Glossary of Important Bankruptcy Terms
    From Adversary proceeding to Wage garnishment
  • Do I qualify for bankruptcy?
    To qualify for Chapter 7 bankruptcy, you must pass the means test, which compares your household income to the median income in Florida for a household your size.
  • Secured debt vs. unsecured debt: What's the difference?
    Bankruptcy helps you get rid of unsecured debt. It does not eliminate secured debts, where you have pledged collateral for a loan, such as a car loan or a mortgage. When you file bankruptcy you must declare what you intend to do about your secured debts.
  • Do I need a lawyer to file for bankruptcy?
    The law does not require to have a lawyer, and if your case is simple and you have few assets, you can successfully file a Chapter 7 bankruptcy yourself. Chapter 13? Not so much. And if you have property to lose, or you're not great with details, getting a lawyers help can be a good idea, no matter what kind of bankruptcy you're filing. Also a lawyer may find ways to help that you haven't' thought of
  • Where do I file for bankruptcy?
    Bankruptcy is federal law and you file in the local Federal District Bankruptcy Court. Find out yours.
  • Can I get free bankruptcy forms?
    The US government makes PDF bankruptcy forms available for free. We'll tell you which ones you need and links to download them.
  • What are bankruptcy exemptions?
    Asset protection is an important benefit of bankruptcy. Exemption laws are the laws that let you protect certain assetss from creditors. Every state has different exemptions. Some states allow you to use the federal exemptions.
  • Do I have to get credit counseling before I file for bankruptcy?
    Yes. You must complete a credit counseling course before you file your bankruptcy petition. Fortunately, it's easy and can be done online. And your case cannot be completed (i.e. you can't get your "discharge order" from the judge until you take a "Debtor Education" course.
  • What is a 341 hearing (creditors meeting)?
    Everyone who files for bankruptcy must attend a 341 hearing, which is also called a "creditors meeting." The meeting is conducted by the bankruptcy trustee assigned to your case. During the Coronavirus, it. can be done by phone.
Filing Means Test Exemptions Courts
- Bankruptcy Lawyers Serving Orange County, FL - (Lawyers)
- Bankruptcy & the Coronavirus Recession - (COVID-19)
- Bankruptcy News - (News)
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Orange County, FL Bankruptcy Guide

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Means Test Calculator for Orange County

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Florida Bankruptcy Exemptions - Detailed

Florida Exemptions Summary:

Homestead

$300,000 to $600,000 depending on county, and median sale price for a home in prior calendar year.

2021 California Homestead Caclulator (by County)

Vehicle Exemption

Motor vehicles to $3,325, or $3,325 in auto insurance for loss or damages (husband and wife may not double)

Personal Property

Jewelry, heirlooms & art to $8,725 total (husband and wife may not double)Health aids
Building materials to repair or improve home to $3,500 (husband and wife may not double)
Tools, implements, materials, instruments, uniforms, books, furnishings, & equipment to $8,725 total ($17,450 total if used by both spouses in same occupation); amount of exemption for commercial motor vehicle not to exceed $4,850 ($9,700 if used by debtor and spouse in same trade)
Deposit accounts  to $1,826 (as of July 2021 MBSAC for family of 4)

Wild Card

None (use federal non-bankruptcy wage exemption)

Deposit Accounts  to amount "necessary for the support of the judgment debtor, as well as the judgment debtor’s spouse and dependents"(CCP 704.225.) Using this exemption, a family living paycheck to paycheck could likely exempt an entire account balance; however, courts have yet to weigh in on the new law. A debtor must assert this exemption for it to apply.

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