Bankrupt Persons

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Florida Bankruptcy Laws

Eddie Tobey asked:

Bankruptcy law is the area of federal law that deals with the handling of bankrupt persons or businesses. Florida bankruptcy laws explain the federal bankruptcy process and common issues pertaining to residents of Florida.

According to Florida bankruptcy law, a permanent resident of Florida can file bankruptcy in a Florida bankruptcy court. Florida has three bankruptcy courts, one in every bankruptcy district. They are Florida middle bankruptcy court, Florida northern bankruptcy court, and Florida southern bankruptcy court. All counties in Florida come under one of these bankruptcy courts. Bankruptcy has to be filed in the district of residence.

Most bankruptcy claims are personal claims that come under Chapter 7 and 13 of the federal bankruptcy law. Chapter 7 is also named liquidation or straight bankruptcy. Chapter 13 bankruptcy is known as a wage-earner plan. When a Chapter 7 or Chapter 13 bankruptcy is filed, a trustee takes all the non-exempt property and sells it for the benefit of the creditors. But exempted property cannot be taken. Florida bankruptcy laws make determinations regarding non-exempt and exempt property. If Florida bankruptcy laws render a person ineligible for any exemption, he is allowed to choose federal exemptions.

Florida bankruptcy laws deviate from the federal bankruptcy law mainly with regard to exempted property. Properties that can be exempted are included in the Florida bankruptcy exemptions chart. One can exempt any property that falls into any of the categories in the chart, up to the dollar amount listed. Florida bankruptcy laws allow liberal bankruptcy exemptions. Homestead (160 acres outside a municipality and