Reply by PAW on 11/25/08 9:00am
Msg #270568
Bankruptcy lawyer is not required in FL
>>> declaring bankruptcy yourself--which requires a lawyer. <<<
A bankruptcy attorney is always advised, but under the Florida bankruptcy code, a lawyer is not required for personal bankruptcy filing.
The new Florida bankruptcy law, which went into action October 17, 2005, has made filing bankruptcy more complex. It has made the process longer, more expensive and certainly harder for consumers who want to get rid of their debts. According to the new Florida bankruptcy law, the Florida exemption law is applicable to your bankruptcy only if you have resided in Florida for at least 730 days (2 years) prior to the filing date. If not, your bankruptcy exemptions will be those allowed by the state where you resided before moving to Florida. Among the many changes, one significant change is that the debtor now has to take a complicated means test, which determines whether he can use a Chapter 7 filing or be forced to file a Chapter 13. The new law requirement, in and of itself, make is so much more prudent for the individual to hire a bankruptcy lawyer.
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Reply by Kevin/Ct on 11/25/08 2:14pm
Msg #270603
Re: Bankruptcy lawyer is not required in FL
I think you may be mistaken. Bankruptcy is an area of the law that has been pre-empted by federal law. The Bankruptcy court is an adjunct to the Federal District Court. While elements of state law may be taken into consideration in the bankruptcy within a particular jurisdiction... state law does not govern a bankruptcy. The procedures are prescibed by federal law and appeal begins in the appropriate jurisdiction of the U. S. District Court.
Representation by a lawyer is not required in the case of an individual. An individual has a constitutional right to represent himself in any court. However, he is very foolish not to seek legal representation by an attorney. This is particularly true in a bankruptcy.
Corporations and LLC's must be represented by attorney's...at least in Connecticut. Allowing them to me represented by managers, corporate officers, LLC members has been ruled a UPL.
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