Income tax can, in some instances, be discharged in a personal bankruptcy. In order for income taxes to be dischargeable, the tax returns had to have been filed at least two years prior, and the same amount of time would have to have gone by before they can become dischargeable.

Income tax can, in some instances, be discharged in a personal bankruptcy. In order for income taxes to be dischargeable, the tax returns had to have been filed at least two years prior, and the same amount of time would have to have gone by before they can become dischargeable.

What Are The Exemptions For Bankruptcy In Florida?

In a Chapter 7 case, in order to obtain the benefit of the discharge, meaning the wiping out of the debt, the tradeoff that the federal government has set is that a consumer is limited on the amount of assets they can keep. The exemptions are the list of property that comes from state and federal law, which says which things you are allowed to keep. In Florida, the abbreviated list includes your homestead or primary residence, a certain allowance of personal property, which includes basic household goods, a limited allowance of vehicle equity, retirement funds, and some other assets. In cases outside of Chapter 7, such as Chapter 13, you are allowed to keep all of your assets, but the exemptions may affect your monthly repayment plan.

Florida Personal Injury Attorneys

A bad motor vehicle collision or other severe accident can change your life in an instant. You may be facing huge medical expenses, pain, disability, property damage and other losses.

Those who caused your losses should be held responsible.

You need an outstanding Florida personal injury lawyer to get you the compensation you deserve.

Be a Respected Client Not a Number

Ziegler Diamond Law will give your case the personalized attention you deserve if you are involved in :

Car accident
Rideshare accidents (such as Uber or Lift)
Trucking accident
Work-related injury
Wrongful death of a loved one

Don’t Lose
Your Rights

The clock is ticking. You need to take action for monetary damages against those responsible within the allowed time limits under Florida law. If you don’t act in time, you can lose those rights forever.

Collect Even if You Are Partially at Fault

You may still be able to collect damages even though you were partially at fault for the accident. But you need to call a Florida personal injury attorney while you still have time.

Personal Injury Practice Areas:

If You Don’t Collect,
You Don’t Pay

We are on your side. You only pay us if we can win compensation for your losses. We only take a percentage of the amount we recover for you.

Not only that, but we will analyze your case for free and give you our recommendations on how to proceed.

Call Us
for a Free
Consultation

If you or your family member has been injured in an accident in Florida, call Florida personal injury attorneys Ziegler Diamond Law at
(727) 538-4188 in Clearwater,
(813) 225-3111 in Tampa or
(352) 600-1326 in Mt. Dora.

You May Be Compensated
for These Losses

Current medical bills
Projected future medical bills
Interference with normal living. In other words, you cannot do things you used to do such as play a sport you enjoy.
Physical deformity
Lost wages
Loss of future earing capacity
Pain and suffering
Punitive damages
Property damages

What Our Clients Say About Us

Book a call with a Personal Injury Lawyer today

If you want to create a plan to solve your financial problems then book a call today and take the first step

FAQ's

Can I keep my car when I file

The short answer is “it depends, but usually yes.” Here is the longer answer: In a chapter 7 case, the trade-off for eliminating your debts is that you are limited on the stuff you can start over with. In other words, fresh start debt side, fresh start asset side. For those using Florida allowances (called “exemptions”), you are allowed to hold onto your home, $1,000 in equity in a vehicle, $1,000 in personal property, retirement accounts, and a few other categories of assets. Also if you don’t own your home, you get a $4,000 wildcard allowance. So if your vehicle equity (after substracking any loan on it) is less than the allowances, you can keep it. If its more than the allowances, you can still keep it, but you may have to pay extra.

In a chapter 13 case, you can keep all of your assets, but you commit to a payment plan.

Can I keep a credit card when I file

You have to list all of your debts when you file. You can’t selectively leave a debt off of the forms, even if you want to pay the debt. Any credit card listed is going to be closed.

If you have a card that is totally paid off, it may not have to be listed, but in most instances it will be closed anyway by the credit card company. I do not recommend making a big payment to $0 out a card right before bankruptcy in hopes that you can keep the card. A big payment on a debt shortly before a case can create complications within the bankruptcy.

When do I get my credit back?

Let me start with the bad news – bankruptcy stays on a credit report for up to 10 years. But keep in mind that a credit report is about a lot more than bankruptcy, and when the bankruptcy process clears your debt, it gives you an opportunity to rebuild instead of being stuck with accounts that have a late balance.

While each credit profile is unique, here is what we generally find:

Most clients have the opportunity to get better credit scores than when they started bankruptcy within 2 years, particularly if you are proactive in credit building.
You can get a car almost immediately after bankruptcy (but maybe with rough loan terms), you can get a credit card approximately after a year, and a mortgage after 2 years (however, these timelines vary based on income and other factors).
We help support the path to credit recovery by reviewing your credit report after the discharge to make sure it is accurate, and by including a subscription to a credit education class after the process is over to help identify opportunities to improve your score.

How do I know what chapter I qualify for?

While there are a number of factors that help guide us on what chapter is appropriate, the two most common are the “means test” and looking at what types of debts you are looking to address.

The means test looks at your household income as compared to the statewide median income for your household size. Its government’s way of saying that if you make enough money, you should pay at least a portion of what you owe. Particularly for married individuals, the means test is usually calculated off of both spouses’ income, even if only one spouse has the debt complications. Sometimes this rule can make for difficulties in bankruptcy options, and we might look at debt consolidation as an alternative.

The second factor we look at is what debt-problems we are solving. Chapter 7 does very little to assist with problems with secured debt, like a car loan or a mortgage that is behind.

Can I be denied a bankruptcy discharge?

Generally, for someone who meets the basic bankruptcy requirements and is filing in good faith, they will be granted the discharge unless they have done something to disqualify themselves – for example, if they committed fraud

Clearwater: (727) 538-4188 Tampa: (813) 225-3111

Mt. Dora: (352) 600-1326

Florida Personal Injury Attorneys

Those who caused your losses should be held responsible.

Be a Respected Client Not a Number

Don’t Lose
Your Rights

Collect Even if You Are Partially at Fault

Personal Injury Practice Areas:

If You Don’t Collect,
You Don’t Pay

Call Us
for a Free
Consultation

You May Be Compensated
for These Losses

What Our Clients Say About Us

Book a call with a Personal Injury Lawyer today

FAQ's

Can I keep my car when I file

Can I keep a credit card when I file

When do I get my credit back?

How do I know what chapter I qualify for?

Can I be denied a bankruptcy discharge?

Clearwater: (727) 538-4188 Tampa: (813) 225-3111

Mt. Dora: (352) 600-1326

Florida Personal Injury Attorneys

Those who caused your losses should be held responsible.

Be a Respected Client Not a Number

Don’t Lose Your Rights

Collect Even if You Are Partially at Fault

Personal Injury Practice Areas:

If You Don’t Collect, You Don’t Pay

Call Us for a Free Consultation

You May Be Compensated for These Losses

What Our Clients Say About Us

Book a call with a Personal Injury Lawyer today

FAQ's

Can I keep my car when I file

Can I keep a credit card when I file

When do I get my credit back?

How do I know what chapter I qualify for?

Can I be denied a bankruptcy discharge?

Don’t Lose
Your Rights

If You Don’t Collect,
You Don’t Pay

Call Us
for a Free
Consultation

You May Be Compensated
for These Losses