Florida Southern District Bankruptcy Guide and Forms Package for Chapters 7 or 13 Florida
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People also ask
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Can I keep my house if I file Chapter 7 in Florida?
Florida has one of the most generous homestead exemptions in the entire country. If you have equity in your home (your home is worth more than you owe on it) the homestead exemption can allow you to keep the home if you file for Chapter 7 bankruptcy, and may come into play under Chapter 13 bankruptcy as well.
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What is the difference between Chapter 7 and Chapter 13 bankruptcy in Florida?
The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.
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Can you keep your house in Chapter 7 in Florida?
You may possibly lose some assets if you file for Chapter 7. In Florida, we have a very extensive homestead exemption, it's unlimited, so your home is protected. However, in exchange, they very much limited the personal property in vehicle exemptions.
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Does Chapter 7 allow you to keep your house?
In California, you can keep your home in Chapter 7 bankruptcy under certain circumstances, depending on the amount of equity you have in your principal residence. This is called the “homestead exemption.” The amount of the exemption varies, depending on age, marital status and physical/mental condition.
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Are Chapter 13 bankruptcies worth it?
Advantages of Chapter 13 Perhaps most signNowly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time.
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How do I qualify for Chapter 13 in Florida?
The borrower needs to prove they have a regular and stable income, which is sufficient to pay the proposed payment plan. There are debt requirements to file Chapter 13 bankruptcy in Florida. Unsecured debts must be less than $394,725, and secured debts must be less than $1,184,200.
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What assets are protected in Chapter 7 of Florida?
The exemptions residents are eligible for include: The exemptions residents are eligible for include: $1,000 personal property. $4,000 personal property if you don't exempt any land as homestead. $1,000 motor vehicle. 401(k) plan. 403(b) plan. Alimony. Annuities.
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Can Chapter 7 save my home from foreclosure?
A Chapter 7 bankruptcy will temporarily stop the foreclosure sale. But there is no mechanism in Chapter 7 to catch up on payments, since payments are not made on debts in Chapter 7. A typical Chapter 7 case is completed in about 4-5 months, after which time the automatic stay disappears.
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