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When most people think of Bankruptcy they see it in a shameful light. They see it as an embarrassing process that prevents them from ever achieving good credit again. This is not the case. 

Bankruptcy is a right guaranteed by the United States Constitution and is designed to give a fresh start to an honest debtor. There is nothing shameful about filing a Bankruptcy. It is every citizen's right, by law, and is meant to put honest people back on their feet. Bankruptcy is the government's best way to make an individual a productive citizen again.

The Bankruptcy process is streamlined and can be accomplished in a relatively short amount of time and with less hassle than imagined. An individual can usually rebuild good credit within 18 to 24 months, if they pay their bills on time and maintain a good credit history after their Bankruptcy.

There is no magic formula for deciding when bankruptcy is the right choice. It is an option you might consider if you:

• Are paying only the minimum amounts on your credit card bills  
• You can not budget yourself out of debt within five years  
• You are getting notices that your mortgage or other loans are being foreclosed  
• You have had a severe financial setback, such as losing your job or a divorce or a costly illness  

Bankruptcy does not remove all debts. You are still responsible for:

• Alimony  
• Child Support   
• Most recent back taxes  
• Most Student Loans  
• Recent purchases of more than $550.00 for luxury goods bought within 90 days of filing for bankruptcy  
• Fines or penalties of government agencies  
• Fraudulent debts  
• Cash advances of $825.00 taken within 70 days of filing for bankruptcy  

Any Florida resident can file bankruptcy in Florida. If you file bankruptcy in Florida, however, you can only claim Florida's asset exemptions if you have resided in Florida for the previous two (2) years. Otherwise, you must use exemptions of the state where you previously lived for two years or, in some cases, the default set of federal bankruptcy exemptions.

You can file for bankruptcy in Florida under either:

• Chapter 7  to wipe out all debts except those listed and get an immediate fresh start, or  
• Chapter 12  providing adjustment of debts of a family farmer, or a family fisherman, or 
• Chapter 13  to set up a repayment plan to pay back your debts over several years.

Married couples who are jointly liable on most debts should file a joint bankruptcy. On the other hand, if only one spouse is liable on most of the debts, the indebted spouse may file an individual bankruptcy, and in most cases, the individual debtor's bankruptcy will have no adverse effect on the non-filing spouse.

The new bankruptcy law requires all debtors to fulfill two education requirements: a credit counseling course prior to filing and a financial management course before obtaining a discharge. Failure to complete either of these courses and file the appropriate certificates with the court will prevent a successful bankruptcy. The Chapter 13 Trustee will offer the required courses to Chapter 13 debtors, but Chapter 7 debtors are required to take the courses on their own. All bankruptcy education courses are available in person, by phone, or over the internet and are approved for the district in which you are filing.

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