Cedar Key, FL Bankruptcy Law Firms & Lawyers

Yes you can file a chapter 13 bankruptcy, but you have to find out if that is the best thing to do first. Consult with a bankruptcy attorney in your area. Before you file, you have to get a certificate from a consumer credit counseling agency who is approved by the bankruptcy court, Once you file a bankruptcy, the bank would need to have the automatic stay lifted in order to either file or proceed with a foreclosure. You may not want to file a chapter 13, and may qualify to file a chapter 7. Find out which chapter is best for you. You see, a bankruptcy may not be best for you, you need competent advice.

The bankruptcy cannot be expunged, that is for criminal cases, the bankruptcy is a public record and will be there forever, in my opinion. Apply to different banks, and eventually you will find one that will lend, or seek only owner financing.

 Garnishment is a legal order typically pursuant to a final judgment for collecting money judgment on behalf of a creditor from a debtor. In most cases, a writ of garnishment is served on the debtor's employer or financial institution ordering that a certain amount be withheld pending further order of the court.  Florida Statutes Section 222.11 exempts from attachment or garnishment by a creditor 100% of the “earnings” of an individual who is “head of family” unless a person has agreed otherwise in writing. An additional requirement in order for the earnings to gain this exempt status is that the earnings must be “credited or deposited in any financial institution.” If these requirements are met, the earnings will be “exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings.” If an individual is not a “head of family,” only 75% of the earnings will be exempt (assuming the other requirements are met).  Definition of Head of Family. The first, and more straightforward, issue to address is the definition of “head of household.” The Florida statute defines “head of family” as “any natural person who is providing more than one-half of the support for a child or other dependent.” The term dependent is not defined in the statute, however, case law has held that any moral obligation to support another may be sufficient to satisfy the “head of family” requirement. Given this broad definition, spouses, minor and adult children, parents, and other family members for whom you provide more than 50% of their support would clearly qualify as dependents.