According to Florida bankruptcy law, a permanent resident of Florida can file bankruptcy in a Florida bankruptcy court. Florida has three bankruptcy courts, one in every bankruptcy district. They are Florida middle bankruptcy court, Florida northern bankruptcy court, and Florida southern bankruptcy court. All counties in Florida come under one of these bankruptcy courts. Bankruptcy has to be filed in the district of residence.

Most bankruptcy claims are personal claims that come under Chapter 7 and 13 of the federal bankruptcy law. Chapter 7 is also named liquidation or straight bankruptcy. Chapter 13 bankruptcy is known as a wage-earner plan. When a Chapter 7 or Chapter 13 bankruptcy is filed, a trustee takes all the non-exempt property and sells it for the benefit of the creditors. But exempted property cannot be taken. Florida bankruptcy laws make determinations regarding non-exempt and exempt property. If Florida bankruptcy laws render a person ineligible for any exemption, he is allowed to choose federal exemptions.

The new Florida bankruptcy law, effective from October 17, 2005, makes filing bankruptcy cases more complicated. It incorporates impediments to filing bankruptcy, new court rules, new forms, and additional work for debtors and attorneys. According to the new Florida bankruptcy law, the Florida exemption law is applicable to your bankruptcy only if you have resided for two years in Florida, immediately prior to the filing date. If not, in order to get exemption, most of the 180 days prior to those two years should be spent in Florida.

Bankruptcy may be the only solution for extreme financial hardship. At the end of the bankruptcy proceedings, the court discharges the borrower from the debts. The bankrupt person can start all over again with a clean financial slate, but a record of bankruptcy will remain on his credit profile for up to ten years.

Based in Royal Palm Beach, West Palm Beach Foreclosure Attorney, Daniel R. Brinley, is dedicated to assisting families and individuals throughout Southern Florida with foreclosure defense, mortgage modification, short sales, bankruptcy, and real estate closings. Financial difficulties can make anyone feel helpless and overwhelmed, but there is always hope. Whether you are a young couple dealing with mounting medical bills, or an elderly individual who can no longer live on your fixed income, they provide the support and legal guidance you need to help you put your financial problems in the past. Firm principal Daniel R. Brinley has more than 15 years experience representing homeowners facing escalating expenses, unpaid bills, and looming foreclosures, and will explain to you the wide range of legal remedies available to resolve these issues.

If you are facing the prospect of bankruptcy, seeking to modify your mortgage, or considering selling your home, it is critical that you hire an attorney with extensive legal experience in these matters. They are committed to being approachable and responsive with client needs and concerns, offering individualized service and direct attorney access. To schedule a consultation to discuss your case, contact the Law Offices of Daniel R. Brinley, P.A. today.