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Welcome To Mooney & Stewart, P.A.
Florida Bankruptcy Process
Experienced Bankruptcy Attorney
Serving Bradenton, Sarasota, Tampa, St. Petersburg
Understanding the bankruptcy process is indeed the most important part in order to determine whether to file for bankruptcy and getting a clear picture of what you are up against over the next so many months. The given time period and process associated with filing for bankruptcy in Florida will vary depending upon the factor that whether you file a Chapter 7 or Chapter 13 case, but the basic process has been explained below;
The bankruptcy process will begin with determining whether you qualify. You must have completed a certified credit counseling briefing within the past 180 days. If in the past you have previously filed or attempted to file for bankruptcy, then you must have to wait for a certain amount of time before filing another petition.
Your bankruptcy case will formally begin when you file your petition with the bankruptcy court. At this time, the court will place an automatic stay on all collection efforts, including foreclosure. A bankruptcy trustee will also be assigned to watch and direct your case.
Within 15 days of filing, you must file particular information with the court, declaring assets, liabilities,(which includes anything that is owed to someone else) income, expenses, and the like. If you filed a Chapter 13 case, you will need to provide a payment schedule as well.
You will need to file a statement of purpose regarding your debts, which includes debts which you would like to affirm once again in order to keep specific property and continue making payments on it.
Within 45 days of filing for bankruptcy, the bankruptcy regent (members of a governing board) will schedule a meeting of creditors. Your attendance is must in this meeting, and you will need to testify under oath about the accuracy of all the statements and information in your bankruptcy petition.
The bankruptcy process will conclude with the discharge of all eligible debt. For a Chapter 7 case, this may occur within 6 months of filing. For a Chapter 13 case, this discharge will occur within 3 to 5 years of filing (which is actually after the completion of the payment plan.)
The bankruptcy process ensure that it goes as smoothly as possible and that your debt is successfully discharged by working with an experienced attorney.
You can also contact an Tampa bankruptcy lawyer at the Law Office of Mooney & Stewart, P.A. today!
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