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Bankruptcy Court
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United States Bankruptcy Court
Middle District of Florida
George C. Young Federal Bldg
400 West Washington Street
Orlando, FL 32801
Bankruptcy Court Website
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Bankruptcy - Laws
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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA
NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b)OF THE BANKRUPTCY CODE
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In accordance with § 342(b) of the Bankruptcy Code, this notice:
(1) Describes briefly the services available from credit counseling services.
(2) Describes briefly the purposes, benefits and costs of the four types of
bankruptcy proceedings you may commence.
(3) Informs you about bankruptcy crimes and notifies you that the Attorney
General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy
law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your
rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice.
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1. Services Available from Credit Counseling Agencies
With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual
debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available
opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing
must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group
(including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit
counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy
court has a list that you may consult of the approved budget and credit counseling agencies.
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2.The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors
Chapter 7: Liquidation
1. Chapter 7 is designed for debtors in financial difficulty who do not
have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a
"means test" designed to determine whether the case should be permitted to proceed under chapter 7. If your income
is greater than the median income for your state of residence and family size, in some cases, creditors have the right
to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to
decide whether the case should be dismissed.
2. Under chapter 7, you may claim certain of your property as exempt under
governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt
and use the sale proceeds to pay your creditors.
3. The purpose of filing a chapter 7 case is to obtain a discharge of your
existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the
Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy
petition will be defeated.
4. Even if you receive a general discharge, some particular debts are not
discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred
to pay non dischargeable taxes; domestic support and property settlement obligations; most fines, penalties,
forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy
papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while
intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary
duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not
discharged.
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Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income
1. Chapter 13 is designed for individuals with regular income who would like
to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your
debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.
2. Under chapter 13, you must file with the court a plan to repay your
creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to
repay your debts may be three years or five years, depending upon your income and other factors. The court must approve
your plan before it can take effect.
3. After completing the payments under your plan, your debts are generally
discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and
restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts
that caused death or personal injury; and certain long term secured obligations.
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The Law Offices of Roy A. Praver has provided this information in a PDF format for your
convenience.
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You need Adobe Acrobat Reader X or greater installed to view and print the documents. If you do not have Adobe Acrobat Reader
X or later installed, you can upgrade to the latest version FREE
by clicking on the Adobe image to the right.
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| Additional Information |
Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the
information then call the Law Offices of Roy A. Praver to setup your
free bankruptcy consultation to determine if filing Bankruptcy is the correct
step for you.
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| Contact Us |
If you are considering filing for bankruptcy, you do not have to make this decision alone.
The Law Offices of Roy A. Praver can provide you with the help
and support you need to handle your financial situation. Contact the
Law Offices of Roy A. Praver today at
321-383-3445 to schedule a FREE
initial consultation.
Titusville, FL Office
O: 321-383-3445
F: 321-268-9564
Prior to your appointment, we ask that you send us an
email
and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to
contacts us.
We are always here to help you.
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