Legal Question in Bankruptcy in Florida

Relocating to Florida

I'm planning on re-locating to Florida and purchasing a home for cash. I'm also considering bankruptcy since I have many credit card debts. My questions are 1: How long must I be a resident before I file for bankrupcy, and 2: How long must I own my Florida property before I'm able to take advantage of the homestead exemption.

Thanks


Asked on 8/09/01, 11:59 am

4 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Relocating to Florida

Oops, 91 days, the greater part of 180 days is correct.

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Answered on 8/13/01, 5:20 pm
Anthony Comparetto Comparetto Law Firm

Re: Relocating to Florida

Residency for bankruptcy the greater part of 180 days....Homestead can be established almost immediately. Thanks ajc

For help with legal questions either call at 727-328-7900, talk to us on the web at www.helpwithlaw.com or email us at [email protected].

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Answered on 8/09/01, 1:13 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Relocating to Florida

You need be a bona-fide domicilliary of the state for a period of at least 180 days prior to filing the petition. Regarding the proposed new home, there is no minimum ownership time, but I would recommend that you actually reside in it as your abode. I strongly urge you to consult with a competent creditors' rights/bankruptcy lawyer (such as myself) as soon as possible. Call me, at 305.940.8080, for additional details.

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Answered on 8/09/01, 1:33 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Relocating to Florida

You must be a reisident of the district where you file for at least 91 days.

Your residence qualifies for homestead protection as soon as you purchase it with the intent to occupy as your primary residence. It would be best if you actually physically lived there prior to filing.. Welcome to the Sunshine State! JMC

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Answered on 8/10/01, 11:16 pm


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