Florida is a state that is blessed with some of the most beautiful as well as historic courthouses in the United States. Citizens of Florida have the good fortune that these buildings have been preserved or are being restored to serve the people of Florida in all manner of legal battles. The Florida bankruptcy courthouse is but one of the many beautiful old buildings situated in the downtown Tallahassee area.
One can also file bankruptcy in the Middle District – Orlando Division, and it serves those who reside in one of the many central Florida counties inclusive of Orange County, Seminole County, and Volusia County as well as other surrounding counties. For the purpose of bankruptcy, the individual’s residence is the place where he or she has been living for the majority of the six months immediately preceding the filing of bankruptcy.
Claim Florida’s Asset Exemption
To cite an example, a person may file bankruptcy in a Florida bankruptcy court 91 days after moving to Florida from another state in the United States. The advantage of filing bankruptcy in a Florida bankruptcy court is that the debtor can claim Florida’s asset exemption in the event that he has been residing in Florida for the past two years or more.
As a consumer, a person is allowed to file bankruptcy in a Florida bankruptcy court under either Chapter 7 (Straight Bankruptcy) that will wipe away all debts barring those listed and be able to get an immediate fresh start, or under Chapter 13 (Wage Earner Bankruptcy) that allows individuals to set up a repayment plan for paying back debts over a period of several years.
The Florida bankruptcy laws permit a permanent resident of Florida to file bankruptcy in any one of the three Florida bankruptcy courts, which includes one in every bankruptcy district. These courts are known as the Florida middle bankruptcy court, Florida northern bankruptcy court and the Florida southern bankruptcy court. Furthermore, each and every county in Florida comes under one of these bankruptcy courts, so that a bankruptcy can be filed in the district of residence.
New Florida bankruptcy laws became effective in October 17, 2005 which makes filing bankruptcy in a Florida bankruptcy court more complicated as it incorporates impediments to filing bankruptcy, new court rules, and new forms and more work for debtors as well as their attorneys.
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