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Posts: 1
Registered: ‎01-02-2013
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Help with Florida Confusion of BK 7 or BK 13

[ Edited ]

edit: how much equity in a house can one have before ch 7 or 13 wouldn't work? What point can they force a sale?

what income is protected?
if sued and income is protected, what happens? how would that effect house if at all?


thanks, just so confused between the 2 different attorneys


Posts: 10,804
Registered: ‎03-06-2010
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Re: Help with Florida Confusion of BK 7 or BK 13

Is the house you are talking about your homestead property?

Look up Fl BK exemptions and specifically look up homestead property (it has unlimited exemption for your equity). Try the NOLO book for bankruptcy, it will walk you through many of the basic questions your attorney should have answered.


BTW,  If you aren't comfortable with your BK attorney, keep interviewing them until you find one that you can feel confident in his/her knowledge. Unfortunately, when the economy tanked a bunch of attorney's entered the BK field without the necessary experience AND quite a few ended up being nothing but "bankruptcy mills" which make most of their money by encouraging Ch 13's in situations where a Ch 7 will work. (They do this because it is extra revenue for the firm, when the Ch 13 fails they can then charge another fee to convert to a Ch 7).


There are good BK attorney's out there, you just need to know enough about the process so you know when you have a good one. Study the NOLO books and then you can learn enough to interview good BK attorney's.  Good luck in your pursuit.  PM me if you are looking for a Fl Bk attorney in S Fl.

New Member
Posts: 1
Registered: ‎01-19-2013
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Re: Help with Florida Confusion of BK 7 or BK 13

Be careful with your home equity situation. If two different BK atty's are giving different results i bet means you moved from out of state,  or paid off mortgage/ bought house all at once.  Home equity exemption in bankruptcy can be tricky. 

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