Q and A About Filing Bankruptcy In Florida
November 21st, 2009Here are some Q and A about the topic of bankruptcy in Florida. Florida bankruptcy lawyers should be able to give you answers if you have more questions.
Bankruptcy In Florida: What is Arbitration?
What is arbitration, and why do I have to be concerned about it in Bankruptcy Court? Plainly put, arbitration is an alternative dispute resolution mechanism. Many of the contracts entered into today by consumers contain pre-dispute arbitration understandings. A pre-dispute arbitration understanding refers to a provision in the contract that you and the creditor agree to in advance of any disputes. Becuase almost all consumer contracts now have some form of pre-dispute arbitration provision, and the provision is non-negotiable, this provision of the contract will become important in the event that one party breaches the contract. Any claims that arise will be subject to arbitration rather than a lawsuit. It is essential to note that a pre-dispute arbitration provision is separate and distinct from a post-dispute arbitration agreement. In a post-dispute arbitration understanding, the parties agree to submit the dispute voluntarily. In post-dispute arbitration, the parties also agree whether the opinion of the arbitration panel will be binding or non-binding. [Source: http://www.bankruptcylawnetwork.com/2007/10/19/bankruptcy-in-florida-what-is-arbitration/ ]
Can I Keep My Home If I File Bankruptcy in Florida?
Florida has a very generous homestead exemption for homeowners. It fundamentally permits Florida home owners to keep all of the equity in their homes when they declare bankruptcy. Home owners can keep up to the value of 160 acres of land and the buildings and improvements on that land if they live outside of a municipality and the value of up to a 0.5 acre of land and the buildings and improvements on that land if they live in a Florida municipality. [Source: http://resources.lawinfo.com/en/Legal-FAQs/Foreclosure/Florida/can-i-keep-my-home-if-i-file-bankruptcy-in-fl.html ]
If you have given some thinking to declaring bankruptcy, you can learn more about Florida bankruptcy laws by talking with local bankruptcy attorneys.