Law Office of John Bristol - 1776 N. Pine Island Road, #224, Plantation, Florida 33322 (954) 475-2265
Since 1988, Fort Lauderdale Bankruptcy Attorney Center of John Bristol has filed more than 5,000 consumer Chapter 7 Bankruptcy and Chapter 13 Bankruptcy Cases in the Fort Lauderdale area (the Southern District of Florida). As a Fort Lauderdale Bankruptcy Attorney; John concentrates his Bankruptcy law practice only in Broward County. We offer PAYMENT PLANS and give FREE CONSULTATIONS (954) 475-2265
The Bankruptcy Petition is paperwork that describes your financial story filed with the Court
The paperwork that make up the Fort Lauderdale Bankruptcy petition includes the statement of financial affairs, and schedules. Also you must provide the following information: A list of all creditors and the amount and nature of their claims; The source, amount, and frequency of the debtor's income; A list of all of the debtor's property; and a detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc. The Fort Lauderdale Bankruptcy Attorney, John Bristol will prepare these documents for you.
Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual bankruptcy petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse are required so that the court, the trustee and creditors can evaluate the household's financial position.
Among the schedules that an individual debtor will file is a schedule of "exempt" property. The Bankruptcy Filing Code allows an individual debtor to protect some property from the claims of creditors because it is exempt under federal bankruptcy lawyer or under the laws of the debtor's home state. 11 U.S.C. § 522(b). Many states have taken advantage of a provision of filing Bankruptcy permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, the individual debtor has the option of choosing between a federal Bankruptcy lawyer exemptions or the exemptions available under state law. Thus, whether certain property is exempt and may be kept by the debtor is often a question of state law. The debtor should consult Fort Lauderdale Bankruptcy Attorney , John Bristol to determine the exemptions available in Broward County, Florida. For More Information of the Bankruptcy Petition see US Courts.gov
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Chapter 7 Bankruptcy Or Chapter 13 Bankruptcy
Fort Lauderdale Bankruptcy Attorney John Bristol has filed more than 10,000 Bankruptcy cases in Florida since 1988. We concentrate Now our law practice on Chapter 7 Bankruptcy (liquidation) and Chapter 13 Bankruptcy (personal reorganization) cases in the Fort Lauderdale and Broward County area
When you file Bankruptcy, you must complete financial information called a petition that includes multiple forms and schedules. Your financial situation is straightforward—meaning that you must list all income, expenses, assets, and debts. Fort Lauderdale Bankruptcy Lawer, John Bristol will prepare the Bankruptcy Petition for you. For a Bankruptcy filing please read on to learn more about what is included in a typical bankruptcy petition:
When you fill out Chapter 7 Bankruptcy or Chapter 13 Bankruptcy paperwork, you provide information about your assets and debts, income and expenses, and up to three years of prior transactions on standard forms that all filers must complete. The Bankruptcy filing will also include additional forms that Bankruptcy Attorney Bristol will prepare and file bankruptcy for you. For example, if you don’t have the money to pay the Court bankruptcy filing fee when you file your Bankruptcy petition, you might want to fill out a form requesting that the Fort Lauderdale Bankruptcy Court allow you to file bankruptcy in installments, or a form asking the court to waive the bankruptcy filing fee completely.
Finally, keep in mind that the Fort Lauderdale Bankruptcy Court has its own local forms. To make sure that you fulfill all of your Fort Lauderdale Bankruptcy court’s requirements, Bankruptcy Attorney Bristol meet with you to determine your best interest in a Chapter 7 bankruptcy or a chapter 13 bankruptcy.
Voluntary Petition are for Individuals Filing Bankruptcy. On this form, you’ll disclose personal information such as your name, address, type of filing (Chapter 7 or Chapter 13) you wish. Parts of the filing are: Schedule A/B: Property. Here you’ll disclose all of your real property, such as real estate, and your personal property, which is everything else. There is a specific section for most types of assets, including your home, cash, bank accounts, cars, and household goods. If an asset doesn’t fit into a particular category, there is a catch-all section at the end of the form for all other kinds of personal property. Schedule C: The Property You Claim as Exempt. Schedule C is one of the most important forms of your filing bankruptcy paperwork because it’s where you list and claim your bankruptcy file exemptions to protect your property from being taken by the trustee. Prior to filing your case, check your state’s exemption laws to make sure you can exempt all of your assets. If you can’t exempt an asset, then the trustee can sell it to pay your creditors. Fort Lauderdale Attorney John Bristol is away of and will take advantage of all exemptions or you. Schedule D: Creditors Who Have Claims Secured by Property. If you have a secured debt (such as a mortgage or car loan), you must list it on Schedule D. Schedule E/F: Creditors Who Have Unsecured Claims such as credit cards. This is where you’ll disclose all of your credit card debt and all unsecured debts (in other words, you’ll list all debts that you didn’t already list on Schedule D). You’ll include both priority unsecured debts—such as certain tax obligations and back child support and alimony—and nonpriority unsecured debts—like credit cards, medical bills, and personal loans to be included in your bankruptcy filing Schedule G: Executory Contracts and Unexpired Leases. If you have any executory contracts (where the parties still have further obligations to perform) or unexpired leases, you’ll list them on Schedule G. Car leases appear in this part of the filing. Schedule H: Your Co-debtors. If you have a co-debtor (normally your spouse) on any of your debts (someone who is also responsible for the debt), you must disclose them here. Schedule I: Your Income. Schedule I is where you’ll disclose your employment information and current income. Schedule J: Your Expenses. Schedule J is where you’ll disclose all of your current expenses. Because it serves as a budget going forward, you won’t include payments for any debts that will be wiped out by your bankruptcy file (such as credit card bills or a car payment if you’re returning it to the creditor). Declaration About an Individual Debtor’s Schedules. On this form, you’ll declare under penalty of perjury that all of the information you provided on the bankruptcy petition and schedules is true and accurate.
Statement of Financial Affairs for Individuals Filing Bankruptcy. On this lengthy form, you must disclose information about your prior financial affairs, including how much income you made over the past several years and previous payments to creditors. You’ll also report things such as lawsuits, repossessions, mortgage foreclosure, property transfers, storage facility use, and information about your business (if any). (See How to Complete the Statement of Financial Affairs).
Statement of Intention for Individuals. If you have any secured debts—such as a mortgage or car payment—this is where you’ll tell the court whether you intend to keep the asset (the house or car) and continue making payments or surrender it to the creditor. You’ll also disclose whether you plan to keep an unexpired personal property lease (you won’t report real estate property leases).
Statement About Your Social Security Numbers. This is the form where you’ll disclose and verify your social security number. A Statement of Current Monthly Income (Form 122A-1). This form determines whether you qualify to file for Chapter 7 bankruptcy. When you complete this form, you must disclose your average monthly income for the six-month period preceding your case as well as the size of your household. Follow the instructions on the means test to calculate your income and compare it against the median income for a similar household Fort Lauderdale. If your income is below the median, you automatically qualify. If your income is above the median, for a case you’ll complete the second form, Chapter 7 Means Test Calculation (Form 122A-2).
Creditor Mailing List (Creditor Mailing Matrix). As part of your file petition, you must prepare a list of all your creditors’ mailing addresses. The court uses the creditor mailing list to send notice of your case to your creditors. Each court has its own rules and required formatting for the creditor mailing list. Contact your local court to learn about the requirements in your district. Certification About a Financial Management Course. After you file a case, you’ll need to complete a financial management course. Once you complete it, you’ll fill out this form and file it with the court.
A Means Test Calculation (Form 122A-2). If you fill out a Statement of Current Monthly Income (Form 122A-1) and don’t qualify to file for Chapter 7 case, this form gives you a second chance. You’ll enter certain qualifying expenses and, if your disposable income is low enough, you'll qualify for Chapter 7 case. If not, you’ll likely have to file a Chapter 13 bankruptcy. To learn more, see The Means Test in Chapter 7 Bankruptcy. From Alllaw.com
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The Law Office of John Bristol, 1776 N. Pine Island Road, #224, Plantation, Florida 33322 is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Disclosure: The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide please ask us for information concerning out qualifications and experience