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You must list all of your assets in your bankruptcy, but the trick is getting all the exemptions that you can for your possessions. By saying that your item is exempt means that the creditor cannot take it to pay for your debt. Which items are exempt? This answer varies state by state. Bankruptcy is technically a federal program, as it stems from the US Constitution. However, Congress allows states to opt out of the federal exemptions and make up their own.

You cannot simply pick and choose which items you want to keep out of bankruptcy. In Florida, you can exempt your homestead, certain insurance plans, alimony, child support payments, certain pensions, some of your wages, a certain amount of automobile equity, and a certain amount of your personal property. An Orange Park consumer law attorney will help get you the most exemptions that you are eligible for, letting you keep the most amount of your property. Call us today at 904-685-1200 to discuss your specific case.

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The answer to this question depends on what type of bankruptcy you qualify for. You cannot receive a discharge in a Chapter 7 bankruptcy if you have received a discharge in a Chapter 7 in the past 8 years or if you have filed a Chapter 13 within the past 6 years. On the other hand, if you received a discharge in a Chapter 13, you can file a Chapter 13 again in 2 years.

However, you do not want to abuse this process, as there task forces in place to seek out those who do so. Contact a Jacksonville bankruptcy attorney today to see if filing for bankruptcy is beneficial for your situation.

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Unfortunately, the answer to this question is yes. Creditors can use something called a “break order”, which allows them and the sheriff to go to your house and break in. They can even do this without notifying you beforehand. There are a few exceptions, however: break orders are generally impermissible when only one party in a marriage is filing, for example. Additionally, if you share the home with someone else, your creditors may not be able to enter. A Jacksonville Bankruptcy Attorney will be able to assess your specific situation.

The good news is this doesn’t happen very often; it’s generally used to intimidate an uncooperative debtor. Further, a judge must issue break orders; the creditor can’t simply call the sheriff and ask for some deputies to come break into your home. However, having an attorney may prevent such intimidation tactics. If you are filing bankruptcy, talk with a Jacksonville Bankruptcy Attorney by calling 904-685-1200.

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If you’ve ever seen (or read) Master in Commander, you may recall that the central character was attempting to flee debtor’s prison. Debtor’s prison was very common for many years, and the question is often asked: can the government put you in jail for owing money to a private party? The answer is no. The United States used to have a Federal prison for unpaid debts; however, it was abolished in 1833. Some states still allow debt collectors to seek arrest warrants for debtors in default, but Florida is not one of those states. Further, the US constitution prevents incarcerating someone simply for owing a debt.

However, if you owe a debt to the state or federal government, you may find yourself in jail. The recent economic downturn has caused thousands of Floridians to owe court fees, and some of them are being jailed — not for owing a debt, but for “failing to follow a court order”.

Defaulting on a debt is rarely a good thing. If you have mounting debt and are unsure of what to do, contact a Jacksonville Bankruptcy Attorney to discuss whether bankruptcy is a good option.

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If you and your spouse are still facing piling debt, you may be thinking about bankruptcy. However, since money issues are often the cause of divorce, you may also be thinking about splitting up as well. This dilemma leads to the question: Should you file bankruptcy now, or wait until after you split?

First, you should know that it is possible to file bankruptcy separately even if you are still married. This is often best for couples who know they are about to split and don’t think they can work well together during their joint bankruptcy. The rules differ for spouses who are still cohabitating as opposed to those who have separated, so *talk with an attorney to figure out what’s best for you.

However, if you and your spouse believe you can work together during the bankruptcy, it might make sense to file bankruptcy before your divorce. Only married couples can file jointly, and it helps keep down numerous costs. Filing bankruptcy prior to the divorce may effect alimony payments and other divisions of assets during the divorce process. Keep in mind, however, it is not always possible to discharge certain spousal payments such as alimony or child support payments in divorce. To find out which situation will be best for you, call a Jacksonville Bankruptcy Attorney.

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For example, what if someone thinking about bankruptcy has stock. Can he or she sell that stock before filing bankruptcy and put the money in something else? Generally, if you file bankruptcy, the Court will ask you about your sales of assets in the months prior to filing. They will attempt to see if you have made any fraudulent sales or transfers in an attempt to avoid paying a creditor, during this time and they mainly check to see if you received fair market value for your assets. So, if you sell your stock, you will need to disclose that sale and will need to list the proceeds as an asset.

Further, the court may view your sale as fraudulent in certain circumstances. For example, in Florida there exists an exemption under bankruptcy plans for your homestead. In other words, creditors cannot use the equity in your home to satisfy debts. However, if you have a second home, creditors may use the equity therein to satisfy your debts. Thus the question arises: what if you sell your second home and use the proceeds to pay some (or all) of your mortgage on your primary home?

The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCA) largely prevents these practices. The statute now says you might lose your ability to discharge debts if you transfer property solely to hinder, delay or defraud creditors. Courts are left to determine what constitutes hindrance, delay, or fraud, so lawyers are cautious in encouraging such practices. If you are thinking about filing bankruptcy, contact a Ponte Vedra Beach Bankruptcy Attorney at 904-685-1200 to discuss your options.

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Using an example, let’s say you have a former judgment against you and are required to pay punitive damages. The answer differs depending on which type of bankruptcy you are filing, whether it’s under Chapter 7 or Chapter 13 of the bankruptcy code. For example, damages owed due to drunk driving, willful injuries, and malicious fraud will not likely be discharged under a Chapter 7 plan in Jacksonville. Chapter 13 of the Bankruptcy Code is more liberal and may allow you to discharge these debts; however, there are certain conditions on this general .

Also, punitive damages related to a fraud case will likely not be discharged in any bankruptcy proceeding. To find out if your punitive damage judgment qualifies for discharge, contact a Jacksonville Bankruptcy Attorney today.

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In Jacksonville, Florida, a creditor such as a credit card company cannot garnish your wages without a court order. The company must go to court and obtain a “writ of garnishment” before they even have authority to garnish your wages. They may then contact your employer, who will be required to comply with the court order and garnish a portion of your wages in order to pay your creditor(s). Further, a creditor can obtain a writ of garnishment that lasts until the judgment is satisfied, or until otherwise provided by court order.

Wage garnishment is generally considered a “last resort” in Florida, as it is difficult for the garnishee to continue paying bills and putting food on the table. If you are in such a situation, you should call a qualified Jacksonville Bankrupcty Attorney to discuss your options. There are often ways to legally stop a garnishment that is going to or already in place.

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Yes, a creditor can freeze or take money out of your bank account if they have a judgment against you from the court. (If your delinquent debt is for unpaid taxes or child support, sometimes the creditor can take out money from your bank account without a judgment.) If you have a joint account and the other person on your account has the judgment, the creditor can also seize the funds from your account. It is up to you to prove at a hearing that these funds taken from the account are yours, and not the joint account holders. A Jacksonville attorney can help you do this properly.

A creditor can take this money from your account with no warning in most cases. They must notify you in writing the next day that they have taken the money, but by that time the damage is already done. Your bank must also notify you after the funds are taken.

A Jacksonville consumer law attorney can quite possibly get this money back for you, however. Oftentimes certain money is exempt from the creditor’s grasp, but you must have a hearing to prove it. Social security income and veterans benefits income are exempt from being taken. Also, certain retirement income and disability income are exempt. There is other exempt monies as well. Contact our Jacksonville lawyer today to see if the money taken from your account is exempt and learn how our legal team can help you get it back.

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In Jacksonville when someone files for bankruptcy, they must attend a 341 Meeting of Creditors. This is a meeting at the federal courthouse where the creditors in your Florida bankruptcy case get a chance to show up and speak regarding their claims in your case. Most of the time, creditors do not show up to the meeting, and it is just you, your Jacksonville bankruptcy attorney, and the trustee. In Jacksonville the trustee will ask you questions regarding your case.

Some sample questions include:

Does anyone owe you money?

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