Best Bankruptcy Attorneys in Brandon

Frequently Asked Questions

• Where do I file for bankruptcy in Brandon, Florida?

  Brandon residents can file their bankruptcy petitions with the U.S. Bankruptcy Court for the Middle District of Florida located at 801 N. Florida Ave., Suite 555, Tampa, FL 33602.

• Where can I get bankruptcy forms in Brandon, Florida?

  Brandon residents download bankruptcy forms from the U.S. Courts website: https://www.uscourts.gov/forms/bankruptcy-forms.

• What is the Means Test and how does it affect your eligibility or bankruptcy filing in Brandon?

  You must pass the Means Test to qualify for Chapter 7 bankruptcy in Brandon. The test establishes two points: if you are above or below the state’s median income rate and the amount of disposable income you have considering your expenses. You must be below median income to file for Chapter 7. If you don’t pass the Means Test, you will probably be advised to file for Chapter 13 instead.

• Does filing for bankruptcy in Brandon eliminate all your debts?

  Bankruptcy can discharge most unsecured debts like credit card and medical bills, but there are certain debts that are non-dischargeable. You will have to pay off secured debts like student loans, spousal and child support payments, and legal judgment debts, such as fees for a DUI arrest. A meeting with a bankruptcy attorney in Brandon can help you determine which of your debts can be eliminated if you file for bankruptcy.

• Is there a residency requirement to be able to file for bankruptcy in Brandon?

  Yes, you must have lived in Florida for the past 180 days prior to filing for bankruptcy in Brandon. Note that there is a longer residency requirement for you to be able to take advantage of bankruptcy exemptions. Exemptions prevent certain assets of the debtor from being liquidated or repossessed during the bankruptcy process. To be eligible for exemptions, you need to have been continuously living in the state for 730 days.

• Can you cancel your bankruptcy case n Brandon?

  Yes, you can cancel your bankruptcy by filing a motion to dismiss. You need to do this in the same court where you filed your bankruptcy petition. Note that if you choose to cancel your bankruptcy, all the debts that have been discharged will be brought back, and you will have to pay for them as if you never filed for bankruptcy. It is recommended that you consult your bankruptcy attorney first before deciding to cancel your Brandon bankruptcy case.

• Will all your assets be liquidated if you file for Chapter 7 bankruptcy in Brandon?

  Most Chapter 7 petitioners keep their assets thanks to exemptions applicable to Brandon residents, including the following:

  • Personal property exemption – E.g., trade tools, household goods, and clothing up to $1,000
  • Homestead exemption – Your home’s equity up to a specific amount
  • Vehicle exemption - Your car’s equity up to a specific amount
  • Retirement and pension exemptions – E.g., pension benefits, retirement accounts
  • Wildcard exemption – If you are not using the homestead exemption, you can use this on other personal properties up to $4,000