filing bankrputcy with Parker & DuFresneMany people are concerned with the negative stigma that surrounds bankruptcy. They want to know who will find out if they decide to file. While a bankruptcy is publicly recorded, typically only creditors or bankruptcy attorneys will actually view this information. You probably shouldn’t worry too much about your friends, neighbors, or others in your social circles finding out.

What’s Included in My Bankruptcy Record?

The information on file will include copies of any documents related to the filing. Values of assets, creditors’ claims and information on any funds exchanged in the process will be listed. It will also include notes about meetings and phone calls.

filing bankruptcy in Jacksonville with Parker and DuFresneWhen filing bankruptcy, you’re probably concerned with safeguarding certain important assets. Will establishing a trust protect your assets from creditors? The answer will depend on several factors, including the type of trust you have. There are two types of trusts, revocable and irrevocable. Below we’ll discuss the purposes of each and how they apply when you’re filing for bankruptcy.

Revocable Trust

A revocable trust, or living trust, is the type of trust commonly used in estate planning. One of its primary purposes is to help your family avoid the stress and costs associated with probate after your death. Any assets included in this trust are not subject to probate court. This saves considerable time and hassle for the beneficiaries of your estate. The assets in the trust will be distributed according to your wishes.

gay adoption in JacksonvilleIt’s hard to believe that gay adoption was completely illegal for over 30 years in the state of Florida. But in 2010, the Florida Court of Appeals ruled that the law prohibiting LGBT adoption was unconstitutional. Still, the adoption process for gay and lesbian couples may vary slightly from that of a heterosexual couple. The following information should help you better understand the process of gay adoption in Florida.

Ways to Adopt

Many LGBT people and gay couples have successfully adopted children into their families since gay adoption has become legal in Florida. There are several ways to go about adoption in Florida.

Filing bankruptcy in FloridaBankruptcy is the federal court procedure offering a person or business the opportunity to eliminate or restructure their debts. Debts that can’t be paid may be forgiven, and creditors may get some amount of repayment depending on the filer’s ability to pay. Filing bankruptcy in Florida can be a difficult decision, but it provides the opportunity to start with a clean slate.

The Bankruptcy Process in Florida

Most of the bankruptcy process is governed by federal bankruptcy laws. This means that filing bankruptcy in Florida is much like filing in other states. There is some Florida-specific information that you’ll need to submit. There are also Florida exemptions to be aware of. The basic process of filing in Florida follows these steps.

filing chapter 13 bankruptcy in JacksonvilleIt can be devastating to lose your home in a foreclosure. Fortunately, filing Chapter 13 bankruptcy is an excellent option that can save your home. Chapter 13 can give you the opportunity to reorganize your debt to make it more manageable. This debt includes payments you are making on your mortgage.

What is Chapter 13 Bankruptcy?

Chapter 13 is also known as a wage earner’s plan. You will be able to determine a plan to repay all or part of your debts. With the help of an experienced Jacksonville bankruptcy lawyer, you propose a plan to repay your creditors. The amount you are required to repay is based on several factors, including your income. The time-period for this repayment plan is typically three to five years.

parental rights of unmarried fathersNavigating child custody, visitation and child support is complicated and can be emotionally trying. Unmarried fathers may feel frustrated that they don’t have the same rights as other parents. Dealing with this difficult subject is much easier if you know your paternal visitation rights in Florida. Contacting a family law expert in Jacksonville can help. Here are some important facts that you should be aware of.

Do I need to establish paternity in Florida?

Married fathers are automatically considered the biological father of any children born during the marriage. If you’re an unmarried father who is not named on the birth certificate, you’re known as a putative father. You may petition to have your name added to the birth certificate, but you will also have to establish your paternity. You do not have any rights to your child until it is proven to the court that you are the biological father.

renting after bankruptcyMany clients ask us how a bankruptcy filing will affect their ability to rent a home or apartment. While bankruptcy can certainly make it more difficult to rent, it is not impossible. Potential landlords will take several factors into consideration when renting to you, including past bankruptcies. With some basic knowledge, there are ways you can improve your chances of renting your next home while in bankruptcy.

Renting before filing

If you have not filed yet, you might want to consider doing a pre-bankruptcy rental search. If you know ahead of time that you will need a new home due to surrendering your house in bankruptcy, think about locating a rental before filing. This way, your credit score is not yet affected by the bankruptcy filing and will not disqualify you from getting the rental you are interested in.

filing for bankruptcy
If you and your spouse are contemplating filing for bankruptcy, you may wonder if you are required to file jointly. Married couples can, in fact, file separately. When filing for bankruptcy in Jacksonville, married couples have the following options when choosing to file for Chapter 7 or Chapter 13:

  • One spouse files individually
  • Both spouses file individually

jacksonville divorce attorneyEnding a marriage is a hard choice to make, and unfortunately, it is not always a mutual decision. When one party wants a divorce, and the other does not, it can be an incredibly frustrating situation. In Florida, only one spouse has to want a divorce for a request to be granted, but it does create a few complications. If you find yourself in this position, here are the steps you and your Jacksonville divorce attorney will go through to complete the process.

Filing for divorce.

If your spouse does not wish to sign a petition for an uncontested divorce, you will need to file for a contested divorce. You will then need to have your spouse served with papers. This should be done by a sheriff’s deputy in the county in which your spouse lives or by a professional process server. This way it is clearly documented that the petition has been delivered in case you need to request a default judgment after 20 days without a response. In a contested divorce, it is very wise to hire an attorney who specializes in divorce due to the complexities of the type of situation. The emotional and financial consequences are too high to risk not having professional representation.

family law attorney in JacksonvilleChild support can be a difficult and emotional issue to navigate. The main purpose of child support is to ensure that the needs of children of divorced parents are being met. If you’re going through a divorce you may be confused about how child support figures are calculated, and it may be a major source of conflict between you and your former spouse.

Parents facing a divorce are often concerned about the amount they should expect to pay or the amount which they will receive. It’s important to know that each state has its own guidelines, and your family law attorney in Jacksonville can help you understand these.

Florida law uses an “Income Shares Model” for determining child support, which attempts to calculate how much would have been spent on raising the child if the parents were not divorcing. That amount is then divided between the parents based on their income. To determine this, an income affidavit must be filed by each parent listing their gross income. Gross income includes but is not limited to: