Asked almost 3 years ago - Hialeah, FL
FlagI have multiple foreclosures in Florida with both first and second mortgages with substantial amounts. I have already begun to get judgements on my name. I heard filing ch 13 or 7 (Bankruptcy) looks bad when you sit for the bar after law school and they can deny you from practicing law in Florida as you may not pass the "character and fitness" test. Can I file bankruptcy and still sit for the bar in Florida?
You should be fine. The economy is in the worst shape its been in over 70 years and what you are going through is more common than you think. Declaring bankruptcy does not equate to having a flawed character.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Yes, you can be a member of the Fl Bar after filing for bankruptcy protection. Bankruptcy is a constitutional right, guaranteed under federal law. As a matter of fact, I recently had a client that had so much debt (because she didn't file bankruptcy that she had a greater problem with the Florida Bar.)
I am not going to tell you that the Bar won't inquire as to the nature and circumstances of your debt and the causes thereof but you will ultimately be admitted if everything else is in order.
So, I hope that I can soon say "Welcome to the Florida Bar".
The one thing you do not want on your record when you apply to the bar is any hint of dishonesty or deceipt. Bankruptcy is not a problem in this regard.
Bankruptcy is an ordinary, civil procedure, established by law for the benefit of our economy in general. However, you must be certain that your petition is absolutely truthful, complete and accurate. Of course all bankruptcy petitions should be that way.
Your petition will be carefully examined by the Trustee in Bankruptcy and the U.S. Trustee. I would also simply assume that the bankruptcy petition will be re-examined when you apply to the bar. Maybe it won't be, but I would act as if the world was watching.
If your petition is truthful and accurate, you will have no problems with the bar. However, the bar examiner may inquire more carefully than usual to see if you have made good use of your "fresh start." In other words, have you managed to keep your finances on a solid footing since the bankruptcy? Financial instability is believed by some to be a temptation to dishonesty. So make your financial position a strong one. Good luck.
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