Best Bankruptcy Attorneys in Sunrise

Frequently Asked Questions

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

  If you live in Sunrise, you will need to file your bankruptcy case in the Ft. Lauderdale Division of the United States Bankruptcy Court for the Southern District of Florida. The Ft. Lauderdale Division is located at 299 East Broward Blvd., Room 112. You can also contact them at (954) 769-5700.

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

  You can get bankruptcy forms in Sunrise at this link: https://www.flsb.uscourts.gov/forms/bankruptcy-forms.

• Will you be automatically evicted when you file for bankruptcy in Sunrise?

  No. Filing for bankruptcy in Sunrise does not mean you will face an automatic eviction, even if you are behind on rent. Under the automatic stay and the automatic rights under bankruptcy law against eviction, you are basically protected from being evicted unless certain circumstances apply. The landlord will only be able to proceed with the eviction actions if the court lifts the automatic stay. Also, an exemption to the automatic stay is granted if it is proven that you have violated lease terms or created a property hazard.

• Can filing for bankruptcy in Sunrise stop foreclosure?

  Yes. Filing for bankruptcy in Sunrise can stop foreclosure. As soon as you file either a Chapter 7 or 13 bankruptcy, the Florida bankruptcy court will issue an automatic stay that stops creditors and debt collectors from trying to collect on the debt you owe. Your mortgage lender must stop all foreclosure action once the automatic stay is issued, even if the order is issued just before a foreclosure sale.

• What is a bankruptcy discharge in Sunrise?

  In Sunrise, those who file for bankruptcy can get a discharge. This is a legal term that means that a debtor is no longer required to pay certain debts they have incurred prior to filing bankruptcy. This gives a debtor relief or a fresh start on his/her finances. However, a discharge is only applicable for certain debts called unsecured debts, or debts that are not secured by property owned by the debtor.

• What types of debts are non-dischargeable under bankruptcy law in Sunrise?

  Some debts are non-dischargeable under bankruptcy law. Sunrise does not discharge debts such as criminal fines, child/spousal support, student loans, personal injury claims that resulted in bodily injury or death, and some categories of taxes. Also, there are debts that a creditor can challenge. This includes debts that were incurred due to false representation or committing fraud in order to obtain the loan; a debt incurred because of theft or embezzlement; and a financial obligation that results from intentionally and/or maliciously harming an individual, a business, or its property.

• Can your bankruptcy discharge in Sunrise be revoked?

  Yes. Your bankruptcy discharge in Sunrise can be revoked if someone finds out about a problem. Creditors, bankruptcy trustees, or the U.S. Trustee can request revocation of a bankruptcy discharge if they find a genuine reason. Interested parties can request for a debt discharge be revoked if they can prove that the debtor obtained the discharge fraudulently; disobeyed court orders; received property deemed part of the bankruptcy estate but failed to inform the trustee; or failed to produce documents necessary in the bankruptcy case.