Fines and restitution orders are. Liquidation Bankruptcy, then the court fines and orders of. dischargeable in bankruptcy, they can be paid over. What you can file bankruptcy? Can I put my court fines and restitution on my bankruptcy? Asked on 3/20/00, 6:31 pm. 2 Answers from Attorneys. . Will my fines and court costs be discharged if I file bankruptcy? my fines and court costs be discharged if I file. the fines and court costs you. Starting with the easy one, Yes.you can file when you are unemployed. The problem is however that bankruptcy will not cure court fines. The best you could do is a. . certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. How often can I file bankruptcy? Bankruptcy - Florida frequently asked questions. What is Bankruptcy? Bankruptcy is a legal proceeding in which an individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Florida Court Directory) Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law. Back to Top. 2. What Can Bankruptcy Do for Me? Bankruptcy may make it possible for you to: Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start. Florida exemptions)Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed. Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt. Restore or prevent termination of utility service. Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe. Back to Top. 3. How can I get a copy of a bankruptcy filing? Can I file bankruptcy for court fines? and is it legal for the court system to put interest on fines? I have 5 fines that are currently in collections. I'm on a.. debts to government agencies for fines or. If you file a Chapter 7 bankruptcy, your debts can be discharged. the bankruptcy court often imposes a. Bankruptcy and discharge of debts, can court fines be discharged can court fines be filed in a bankruptcy. can i file bankruptcy and the charges go away. The federal judiciary proves public access to federal appellate, district and bankruptcy court documents through Public Access to Court Electronic Records (PACER), an electronic public access service. Back to Top. 4. What Doesn’t Bankruptcy Do? Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to: Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt. Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. Florida Non- Dischargeable Debts)Protect cosigners on your debts. When a relative or friend has co- signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.- Discharge debts that arise after bankruptcy has been filed. Back to Top. 5. How often can I file bankruptcy? You cannot receive a discharge in a Chapter 7 case if you received a discharge under a Chapter 7 case filed in the last eight years or a Chapter 1. You cannot receive a discharge in a Chapter 1. Chapter 7 case filed in the last four years or a Chapter 1. If didn’t received a discharge in the previous bankruptcy filing, depending on why this is the case, you can file and receive a discharge without any time restrictions. Back to Top. 6. What Different Types of Bankruptcy Should I Consider? There are four types of bankruptcy cases provided under the law: Chapter 7 is known as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions”, so the property can be sold to pay creditors. Chapter 1. 1, known as “reorganization”, is used by businesses and a few individual debtors whose debts are very large. Chapter 1. 2 is reserved for family farmers. Chapter 1. 3 is called “debt adjustment”. It requires a debtor to file a plan to pay debts (or parts of debts) from current income. Most people filing bankruptcy will want to file under either chapter 7 or chapter 1. Either type of case may be filed individually or by a married couple filing jointly. Florida Bankruptcy Law’s Chapter 7 or 1. Back to Top. 7. Is Florida Chapter 7 (Straight Bankruptcy) Bankruptcy Right for Me? In a bankruptcy case under chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a chapter 7 bankruptcy is to wipe out (discharge) your debts in exchange for your giving up property, except for “exempt” property which the law allows you to keep. Florida exemptions) In most cases, all of your property will be exempt. But property which is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a chapter 7 case probably will not be the right choice for you. That is because chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt. Florida Chapter 7 Bankruptcy) Back to Top. Is Florida Chapter 1. Reorganization) Right for Me? In a chapter 1. 3 case you file a “plan” showing how you will pay off some of your past- due and current debts over three to five years. The most important thing about a chapter 1. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with some extra payment to get caught up on the amount you have fallen behind. You should consider filing a chapter 1. You will need to have enough income in chapter 1. Florida Chapter 1. Back to Top. 9. What Does It Cost to File for Bankruptcy? It now costs $3. 06 to file for bankruptcy under chapter 7 and $2. The court may allow you to pay this filing fee in installments if you cannot pay all at once. If you hire an attorney you will also have to pay the attorney’s fees you agree to. Back to Top. 10. In Florida What Property Can I Keep? In a chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors. Florida exemptions provides list of the exemptions available for Florida. In determining whether property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth now. Especially for furniture and cars, this may be a lot less than what you paid or what it would cost to buy a replacement. You also only need to look at your actual equity in any property. This means that you count your exemptions against the full value minus any money that you owe on mortgages or liens. For example, if you own a $5. While your exemptions allow you to keep property even in a chapter 7 case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind on payments. In a chapter 1. 3 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law. In most cases you will have to pay the mortgages or liens as you would if you didn’t file bankruptcy. Florida Chapter 7 Bankruptcy or Florida Chapter 1. Bankruptcy? and Florida Non- Dischargeable Debts)Back to Top. What Will Happen to My Home and Car If I File Bankruptcy in Florida? In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Florida bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non- exempt value to creditors in chapter 1. However, some of your creditors may have a “security interest” in your home, automobile or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you don’t make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case. There are several ways that you can keep collateral or mortgaged property after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full. Or you can pay the creditor the amount that the property you want to keep is worth. In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan (other than a loan to purchase the goods), you can usually keep your property without making any more payments on that debt. Back to Top. 12. Can I Own Anything After Bankruptcy? Yes. Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 1. You can also keep any property covered by Florida bankruptcy exemptions through the bankruptcy. Back to Top. 13. Will Bankruptcy Wipe Out All My Debts? Yes, with some exceptions. Bankruptcy will not normally wipe out: (1) money owed for child support or alimony, fines, and some taxes; (2) debts not listed on your bankruptcy petition; (3) loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan; (4) debts resulting from “willful and malicious” harm; (5) student loans owed to a school or government body, except if: – the court decides that payment would be an undue hardship; (6) mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor). Florida Non- Dischargeable Debts)Back to Top. Will I Have to Go to Court? In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come.
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