Questions And Answers About FL Bankruptcy Filing
Thursday, December 3rd, 2009Here are some questions and answers about the topic of bankruptcy in Florida. Florida bankruptcy lawyers should be able to give you answers if you have more questions.
Moving Into Florida House Just Prior To Bankruptcy: Does It Work?
A prospective bankruptcy debtor bought a single family house in Florida for investment several years ago. At time of purchase the investor lived up north. In 2005 he moved to Florida, and rather than force out his renters he settled to lease an apartment. He mortgaged the property to take out cash during the real estate bubble. The mortgage payment had an adjustable rate which is about to increase significantly. With the new mortgage rate he would not have a good cash flow. There was over $125,000 of equity in the property. He asked whether he can move into his investment property and protect the house as homestead in a Chapter 7 bankruptcy.
The generic rule is that Florida homestead protection in bankruptcy is limited to $125,000 for property acquired less than 1,215 days prior to filing bankruptcy. The issue in this situation is whether the date of acquisition of the property for homestead protection is the date the debtor moves in and makes the house his homestead, which date would be within 1,215 days of filing, or the date the investor purchased the house for rental income and investment. [Source: http://www.bankruptcyorlando.com/2007/05/florida_increas.html ]
Which Property is Exempt from Inclusion in Your Florida Bankruptcy?
Some of your property and your assets, things like computers, a vacation home, second vehicle, collections, antique cars, boat, pictures, and different things of value cease being yours once you file for bankruptcy. Instead, much of your assets and property belong to the bankruptcy estate which is supervised by the bankruptcy trustee. The trustee’s role is to sell any asset not considered excluded or exempt and use the proceeds to satisfy your creditors.
Many people mistakenly think they’ll be left with nothing once they declare bankruptcy, but that is not true. Laws regarding property exclusion and exemption vary widely from state to state and the only way you’ll know for sure what is exempt and what’s not is to refer to your state’s bankruptcy rules. But these laws are complex. Therefore the greatest way to protect yourself is by hiring knowledgeable bankruptcy lawyers. A knowledgeable attorney will review your asset list and your current financial situation and help determine, based the different exemption schedules, what asset you likely will be allowed to keep. [Source: http://www.avvo.com/legal-answers/help-on-form-982---ch7-personal-bankruptcy-dischar-145798.html ]
