What is a Means Test?

If you are looking to file for bankruptcy in Clearwater, Florida the first thing that you are going to have to do is take a means test. This test will determine if you qualify for a Chapter 7 bankruptcy. Almost everyone who fails the means test and still needs to file for bankruptcy must do so under a Chapter 13. The means test is a mathematical formula that most Clearwater bankruptcy attorneys will have software for. It takes into account many factors such as a person’s income versus that of the state median. Along with a person’s income, the means test will also look at the number of...

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Can I File for Bankruptcy Without an Attorney?

If you are facing a financial hardship and are considering filing for bankruptcy in Clearwater, Florida you can do it Pro Se. Pro Se is a legal term that basically means that you are representing yourself without an attorney. While you may be able to represent yourself, it might not be the wisest financial decision in the long run for you to make. Our Federal bankruptcy laws are quite complex, and the rules and procedures are equally as tough. For example if you fail to list all of your creditors in your bankruptcy petition the debts of those creditors will not be discharged upon completion...

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What Does Discharge Mean for a Bankruptcy Case?

A discharge in a bankruptcy case releases the debtor from the personal liability of specific debts listed in the bankruptcy. This means that the debtor is no longer required to repay any of the debts that were discharged by filing for bankruptcy in Clearwater. When a judge orders a debt discharged in a Clearwater bankruptcy, your creditors are then prohibited from any attempt to try and collect on that debt. If they violate this by attempting to collect on a debt by sending you a letter, calling you, or if they have any other personal contact with you then you may have a legal case against...

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Can Bankruptcy Stop my Wages from Being Garnished?

If you have been sued and are facing the possibility of having your wages garnished, do not take your situation lightly. However, if you are the head of your household in Florida your wages can not be garnished. Head of households are also exempt in most cases from having their government benefits such as Medicaid, Medicare, and Social Security garnished. These are just a few of the exemptions available to avoid having your wages garnished, please seek the help of a qualified Clearwater attorney to review your particular case to get the best advice possible. Another avenue to consider when...

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I Just Moved to Florida, Can I File for Bankruptcy Here?

The bankruptcy laws are handled in Federal Court, but each and every state has unique rules and procedures for handling bankruptcy proceedings. The most noticeable difference between states lies within the exemptions that a person filing for Chapter 7 bankruptcy can take for their personal property. With minimal exceptions, Florida has an unlimited homestead exemption. Meaning that the bankruptcy trustee will not be allowed to seize and sell a debtor’s primary residence. Many remember the CEO of World Com dumped over $50 million into his homestead in Florida prior to declaring bankruptcy....

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