Best Bankruptcy Attorneys in Hialeah

Frequently Asked Questions

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

  To file your bankruptcy case in Hialeah, you can head directly to the United States Bankruptcy Court in the Southern District of Florida. This court is located at C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, Room 150, Miami, Florida 33128.

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

  If you want to obtain a copy of your bankruptcy forms in Hialeah, you can refer to this website https://www.flsb.uscourts.gov/forms/local-forms, where you can access various types of local bankruptcy forms.

• Is there a residency requirement for bankruptcy exemptions in Hialeah?

  You must fulfill specific requirements, such as having resided in Hialeah for at least 730 days prior to filing your bankruptcy petition, in order to be eligible to claim the city's bankruptcy exemptions. If you are unable to demonstrate eligibility under Florida's residency requirement, you must choose either the exemptions of another state you previously lived in or the standard federal bankruptcy exemptions.

• In Hialeah, can married couples file for bankruptcy together?

  Yes, married debtors in Hialeah are allowed to file a bankruptcy petition jointly for a single filing fee, especially if both partners share the majority of the debts. However, if just one spouse is primarily responsible for the debt, only that spouse may declare bankruptcy. In such circumstances, the individual debtor's bankruptcy usually has no effect on the non-filing spouse.

• What are the requirements before you can file for bankruptcy in Hialeah?

  According to the new bankruptcy law, there are two necessary education requirements in Hialeah. Debtors are required to finish a financial management course before applying for a discharge as well as a credit counseling session before filing. Even though these requirements are not difficult, failing to complete either course will prevent a successful bankruptcy.

• Can you switch from one bankruptcy chapter to another in Hialeah?

  Typically, you have one chance to switch your bankruptcy case to a different qualifying chapter, and you can do this by submitting a one-sentence document seeking the conversion. However, when switching from Chapter 13 to Chapter 7, it's essential to proceed with caution. In this situation, you should check to see if any recently acquired assets that weren't listed in the prior filing will be regarded as property of the estate under Chapter 7.

• In Hialeah, is the co-signer of a loan held responsible for the debt if the primary debtor declares bankruptcy?

  Yes, the lender may require the co-signer to assume financial responsibility for the loan if the principal borrower in Hialeah files for bankruptcy. Therefore, it is important to carefully consider this aspect before agreeing to co-sign a loan and be prepared to assume the repayment if the primary borrower fails to do so.