Best Bankruptcy Attorneys in Orlando

Frequently Asked Questions

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

  The U.S. Bankruptcy Court Middle District of Florida holds offices in 400 W. Washington Street, Suite 5100, Orlando, FL 32801.

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

  Bankruptcy forms used in Orlando are at http://www.flmb.uscourts.gov/proguide/index.asp.

• What factors does the law in Orlando look into when determining ther means of a debtor to pay in a chapter 7 bankruptcy?

  In Orlando, the law governing chapter 7 bankruptcy determines the ability to pay based on a three-pronged test. The first factor is the number of dependents an obligor has. If married, the spouses are both examined to see if the filing was joint. The geographical residence of the individual is also scrutinized to see if it's in a cheaper or pricier environment.

• Is it advisable to give moeny to one's close relatives in order to preserve assets during bankruptcy in Orlando?

  No, it is not advisable to give away one's assets to close relatives in Orlando to preserve these in the event of bankruptcy. This is a fraudulent action, and the transaction will be tracked down. Once singled out, the asset will be recovered from the relative and all the debtor will achieve is dragging extended family into the process.

• Do married spouses in Orlando have to go into bankruptcy together?

  In Orlando, not necessarily. While married individuals may hold assets in common, it is possible for an insolvency proceeding to cover only a single spouse. Situations where a husband or wife contracts the lion's share of the couple's debts are recognized by the law, and it is possible to leave an innocent party out of proceedings.

• In Orlando, when can student loans be discharged in bankruptcy?

  For a student loan in Orlando to be discharged in bankruptcy, it has to cause the obligor undue hardship. This is characterized by the virtual impossibility of meeting a minimal standard of living while satisfying the dues paired with an effort in good faith to pay. Any added circumstances in the future must also present no relief to the debtor.

• What documents in Orlando must one gather in a bankruptcy proceeding?

  In Orlando, a debtor has to gather a list of creditors who have to be paid. The obligor has to produce an enumeration of all the assets owned both personal and real estate, matched with expenses and liabilities, including cost of living. Income information and salary rates have to be documented and submitted to the court.