Solomita Law, PLLC
Solomita Law, PLLC
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    Orlando, FL 32826
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Bankruptcy After A Natural Disaster: What You Need To Know To Get Your Life Back On Track

  • By: Alec Solomita, Esq.

Distressed man in front of damaged home—navigating bankruptcy after a natural disaster.Florida gets more than its fair share of natural disasters, which can often leave residents in dire financial straights. This article tells you everything you need to know about your bankruptcy options after such a natural disaster, including:

  • When you can or should file for Chapter 7 bankruptcy after losing your home in a hurricane. 
  • How medical debt and disaster relief funds are handled during bankruptcy in Florida. 
  • How bankruptcy timelines work after natural disasters, using Hurricane Milton as a case study. 

Can I File For Chapter 7 Bankruptcy If I’ve Lost My Home In A Hurricane?

If you have lost your home in a hurricane and you did not have insurance (which is probably more common in this state right now than it should be) and it has crushed you financially, you can absolutely file for bankruptcy. 

If you lost your home and you did have insurance, and that money has been put into a new home, as long as that home is your primary residency and thus covered by the homestead exemption, then you can also file for bankruptcy without risking it.

How Does Chapter 7 Bankruptcy Handle Disaster-Related Medical Debt?

Medical debt from natural disaster-related injuries is handled the same way all other medical debt is dealt with during bankruptcy. If you file for Chapter 7 relief and it is granted, that debt will just go away.

How Do Disaster Relief Funds Affect Bankruptcy Proceedings In Florida?

Given the wide variety of relief funds and their sources, you should always talk to your attorney about whatever you are receiving and where you are receiving it from. 

  • Some disaster relief funds might be exempt, even if you were to file with those funds in your account.
  • Some of those funds, if you were to file and you have not received them yet, might be considered insurance claims, so it would depend on what they are being paid for. 

So, it depends on where you are getting the funds from and what the funds are for. So, if you have that type of situation, it is best to talk to your attorney prior to filing so that they can research the amount of money and where it is coming from.

How Do Bankruptcy Timelines Work After Natural Disasters Like Hurricane Milton?

Given how many people have been affected by such storms, many families will be scrambling now. For most people though, this will be a question of insurance, not bankruptcy, so it is unlikely to impact the bankruptcy timeline. However, it can leave people with substantial debt, which can cause bankruptcies further down the line. 

For some families who are affected the worst, however, and lose everything to the hurricane, bankruptcy can give them a fresh start. For those who have lost everything, bankruptcy cases are distressingly easy as they have literally nothing left. 

Every situation is different when it comes to disaster, so it will depend on how you have been affected by it, for many of the issues start when insurance refuses to cover something. 

For example, if you have a car payment to make, but the car gets flooded, and you do not have proper car insurance, or the car insurance is refusing to cover the flooding. Now, you have a car you cannot drive so you are not going to pay your car payments. At some point, you might want to call a bankruptcy attorney like me to file for bankruptcy to get rid of that car and its debt. 

Struggling With Debts After The Storm? Do Not Panic; We Can Help!

For more information on Bankruptcy After A Natural Disaster, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.

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