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The Florida Bar Journal has an interesting summary of homestead issues raised by the new bankruptcy law. Link: The Florida Bar HOME PAGE FLABAR ONLINE. The article reminds us that the new bankruptcy law has no effect on collection proceedings in state courts outside of the bankruptcy arena.
One of the principal changes in the new bankruptcy law effects people who rent apartments. Under the old law renters on the verge of eviction could file bankruptcy to stop the eviction. The automatic stay imposed by bankruptcy filing would stop the landlord or sheriff from physically evicting tenants even after the landlord obtained a judgment of possession. Sometimes bankruptcy attorneys would serve suggestions of bankruptcy on the sheriffs department hours or minutes before the deputy would set out to evict a tenant.
A few people who called me last week seeking information about filing bankruptcy were confused about the debtor education requirements under the new bankruptcy law. There are two separate debtor education requirements under the new law. First, you must take a consumer education class prior to filing bankruptcy. The course provider will issue you a certificate of completion, and certification must be filing with your initial petition. Then, there is a second debtor education requirement. During your bankruptcy case you must also take a course in financial management. Filing a certificate of completing the financial management course is a prerequisite to a bankruptcy discharge of all your debts.
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