Is bankruptcy governed under state or federal law?
Your right to file bankruptcy is provided for under Title 11 of the United States Code, which is generally referred to as the U.S. Bankruptcy Code. The different types of bankruptcy are provided for by chapters of Title 11, such as Chapter 7, Chapter 11 and Chapter 13. Bankruptcy cases are heard in U.S. Courts, rather than in Florida state courts. Although bankruptcy is primarily a subject of federal law, there are certain ways in which state law will influence the outcome of a case.
Florida Exemptions for Chapter 7 Bankruptcy
State law provides for a number of different exemptions which can be claimed in order to limit the reach of the bankruptcy trustee in a Chapter 7 case. In many states it is possible to choose between the federal exemptions and those that are available on the state level, but Florida does not permit the use of the federal exemptions. Fortunately, the Florida exemptions are generous, including an unlimited homestead exemption in most cases and the option to exempt up to $8,000 in personal property.
Where will my bankruptcy case be heard?
Bankruptcy cases in Ocala fall under the jurisdiction of the United States Bankruptcy Court Middle District of Florida, which has locations in Orlando, Jacksonville and Tampa. When you hire an Ocala bankruptcy attorney from The Law Offices of Justin McMurray, P.A. to represent your case, however, you may not have to make a single appearance in court, because we typically take care of every aspect of the case for our clients. We have more than a decade of experience helping clients in Ocala and throughout the state, and we have an extensive understanding of the state and federal laws which may apply to your bankruptcy. Contact us for a free consultation to learn more about how we can help.