Florida Bankruptcy Laws
The Bankruptcy Process - The Basics 101
Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy laws, which are codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
The bankruptcy process is governed by the Federal Rules of Bankruptcy Procedure (often called the "Bankruptcy Rules") and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy laws set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.
There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk's offices.
The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case.
If you are considering filing for bankruptcy protection, contact our office at 1.888.777.3884 to have an experienced west palm beach bankruptcy attorney walk you through the process and fully explain Florida bankruptcy laws.
A debtor's involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting". In the Bankruptcy Code there is a section 341 that stipulates that the debtor must attend the meeting to give creditors the opportunity to ask questions about the debts and the property of the debtor.
A fundamental goal of the federal bankruptcy protection laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision.
Contact a Florida Bankruptcy Laws Specialist
If you are considering filing for bankruptcy protection, contact our office at 1.888.777.3884 to speak to an experienced attorney. At LaBovick Law Group, our legal professionals are devoted to assisting you in working through this complicated area of Florida bankruptcy laws and the bankruptcy process. We are available 24 hours a day/7 days a week to discuss your personal matter at 1.888.777.3884. Don't feel discouraged. Many people are experiencing the same situation. You are not alone. Contact us for a free consultation. You can fill out the form to the left for an assessment of your personal matter.
If you prefer to discuss your matter with a west palm beach bankruptcy attorney please feel free to contact us at 1.888.777.3884 for your free consultation.