Legal Question in Bankruptcy in Florida

I am US Citizen who lived abroad and recently relocated to Miami with US Debts a

I am a US citizen who relocated from Nicaragua to Miami two months ago. I owe 50,000 dollars in eight US credit cards and since I am unemployed would like to file a ch. 7 or ch 13 bankruptcy, but don't know which is better for my case.

I don't have any assets but the clothes that i am wearing. I live with my grandmother and am surviving with family aid. Even if I find a Job, I probably won't make enough to pay all the accumulated min. payments. I have to find rent a home and a car sooner than later when I DO find a job... but right now I don't know what to do. I am also tecnically not a resident of ANY state since I have not been here for 180 days... so what do US citizens who just relocated with US debts do to file a bankruptcy? Please advice.


Asked on 7/06/01, 8:23 pm

2 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: I am US Citizen who lived abroad and recently relocated to Miami with US Deb

You can start preparing the documents for the proceedings for a chapter 7 bankuptcy but you can not file the documents until you have resided in Florida for 6 months.

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Answered on 7/09/01, 2:48 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: I am US Citizen who lived abroad and recently relocated to Miami with US Deb

Is your intent to remain in Miami? How long did you reside in Nic.? Where were the debts incurred?

Depending upon your answers, you may be able to file in a shorter than 180 day period. Frankly, there may be no urgency to abbreviate the time. Clearly a consultation with competent counsel is a 'must do' prior to the preperation and filing of your petition. Why not call me at 305-940-8080 for a non-obligation initial 20 minute consultation.

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Answered on 7/09/01, 2:58 pm


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