Legal Question in Bankruptcy in Florida

You need to hire an attorney to write and file the motion and appear at the motion hearing for you. You've done a good job of researching the statutory law, but the case law that may surround your statute may give you results you don't expect; your lawyer will be familiar with any case law that pertains to your situation, as well as with the statutory law.

To determine whether hiring the lawyer is worth the cost, compare the lawyer's fees and the costs of filing the motion with the cost of having the debtor's debt to you discharged. Does the debtor owe you more than the lawyer would cost? It's worth the cost. If not, you should just write the loss off and move on.

FYI, when you file a motion, you tell the court when that motion will be heard in the Notice of Motion. Thus, it is NOT appropriate to include other dates when you are or are not available.

You can find a bankruptcy attorney through www.lawyers.com or through your local or state bar association.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.