Florida Bankruptcy Law: Bankruptcy

Home -> Law Blog Directory -> Bankruptcy Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bankruptcy

Florida Bankruptcy Law

Chapter 7 and Chapter 13 bankruptcy law.
By Jonathan Alper, Esq.

Post Frequency: 2.7/day

Last Entry: March 28, 2011 at 13:42:00

Debtor Can Cram Down Loan For Wife's Car Purchased Within 910 Days of Filing Chapter 13.

Posted on November 09, 2009
Here's a blog post of interest to anyone considering a Chapter 13 bankruptcy and who owns a car subject to a car lien. South Carolina Bankruptcy Lawyer Unleashes Vulcan Intellect on Hanging Paragraph. The post authored by South Carolina bankruptcy...

Bankruptcy's Effect On Employment And Security Clearance

Posted on November 05, 2009
I often get asked about the effect of filing bankruptcy on debtors' employment. I have sometimes been asked about bankruptcy's effect on a debtor's government security clearance. I found a really good blog post on the subject by California bankruptcy...

Bankruptcy Debtor Seeking Conversion From 13 To 7 Prior To Job Loss: Expresses Dissatisfaction With His Bankruptcy Attorney's Response

Posted on November 02, 2009
I received an email from a person who filed Chapter 13 bankruptcy and who expressed dissatisfaction with their attorney. The caller said that his company was downsizing, or going out of business, and he knew now that he would not...

Orlando Bankruptcy Courts To Take Tougher Stand On Automobile Valuation

Posted on September 29, 2009
I have heard from several sources that Orlando Division bankruptcy courts are getting tough on car valuation in Chapter 7 bankruptcy. I have written previous blog posts about bankruptcy clients who successfully used valuation sheets from CarMax as evidence of...

To access this complete feed in the blog feed reader login or register for free.

Are You Entitled To A Refund Of Your Legal Fees Paid If You Change Your Mind About Filing Bankruptcy?

Posted on September 28, 2009
Sometimes people hire an attorney to file bankruptcy and then change their mind about filing. In some cases, the debtor works things out with his creditors; some prospective debtors receive family assistance to pay their bills, and other debtors just...

Is Debtor Or Trustee Entitled To Rental Income From Properties Not Included In Bankrutcy Estate?

Posted on September 25, 2009
Because of the depressed real estate market most bankruptcy debtors who own investment rental property have no interest in retaining the property after filing Chapter 7 bankruptcy. The Chapter 7 trustees are rarely interested in administering rental properties as part...

Does Bankruptcy Automatic Stay Apply to Creditors Located In Other Countries?

Posted on September 24, 2009
The automatic stay imposed by the filing of a bankruptcy stops all creditors from taking any action to collect a debt from the Debtor or to interfere with property of the bankruptcy estate. I represent a Debtor who owes money...

U.S. Trustee Demonstrates More Flexible Means Test Analysis For Recently Unemployed Chapter 7 Debtors

Posted on September 15, 2009
A debtor?s income for purposes of the bankruptcy means test is based on his last six months actual gross income. The six month income is doubled to arrive at an annual income number. In today?s economy many people are considering...

Good Article About Credit Rating Myths

Posted on September 11, 2009
Many people, if not most people, facing a foreclosure or bankruptcy are very concerned about the impact on their credit rating. Clients frequently ask me how will the foreclosure, short sale, or bankruptcy affect my credit and how can they...

Inherited IRAs Not Exempt- According To Florida State Court Decision

Posted on August 23, 2009
IRA funds are exempt from creditors in bankruptcy pursuant to the exemption in Florida Statute 222.21(a)- except if your "IRA" is inherited, according to a recent decision by a Florida appellate court. The case considered a judgment creditor?s claim against...

Car Repossessed After Bankruptcy Court Rejects Reaffirmation Agreement: Car Payments Were Current

Posted on August 20, 2009
If you file Chapter 7 bankruptcy and want to keep a car with a car loan you are required to sign a reaffirmation agreement with the car lender. Reaffirmation agreements are not automatic; they are subject to approval by the...

Homestead Questions: Size And Owneship Period For Bankruptcy

Posted on August 20, 2009
A client asked me two homestead questions which questions I have previously heard from other clients or email inquiries. This client owned a homestead with significant equity within a municipality. Homestead properties within a city up to � acre in...

Responding To Initial Letters From Debt Collection Companies Prior To Bankruptcy

Posted on August 11, 2009
I found an interesting post on attorney Jonathan Stein?s "California Debt Collection Blog." (http://www.californiadebtblog.com/). Mr. Stein?s post responded to questions from clients about demand letters from his client?s creditors. People had asked Mr...

Mobile Home Residents Should Qualify For Florida's $4,000 Wildcard Property Exemption

Posted on August 04, 2009
Many Chapter 7 bankruptcy debtors live in mobile homes. In Florida, these mobile homes are exempt in bankruptcy whether or not the debtor owns the land on which the mobile home is situated. Mobile homes are not exempted under the...

Bankruptcy, Mortgage Modification, and Short-Sales

Posted on August 02, 2009
Many people file Chapter 7 bankruptcy to eliminate unsecured debts at the same time they are trying to reduce secured debts through a modification of their home mortgage or a short-sale of their home. Bankruptcy clients have reported that their...

Limited Homestead Protection Prior To Two-Year's Florida Residency

Posted on July 26, 2009
If you file Chapter 7 bankruptcy and own a non-exempt real property jointly with a non-filing co-owner (including your spouse) the bankruptcy trustee can for the sale of the jointly owned property regardless of the co-owner?s objection. The trustee?s authority...

Client Seeks Bankruptcy To Avoid Imputed Income After A Foreclosure On Investment Property

Posted on July 23, 2009
Some people facing mortgage foreclosure consider filing bankruptcy to preclude liability for deficiency judgments. Deficiency liability is not the only problem associated with foreclosure; another issue is income tax from imputed income when a lender foregives part of a mortgage...

Restablishing Good Credit After Bankruptcy

Posted on July 23, 2009
Most bankruptcy clients ask me during our initial consultation how bankruptcy will affect their credit and how long will it take them to reestablish their credit after bankruptcy. I have written a few blog posts on this issue. I recently...

Can Debtor's Deduct In Means Test Mortgage Payments Owed But Unpaid?

Posted on July 21, 2009
Prospective bankruptcy debtors who earn above applicable median income must pass the means test in order to file Chapter 7 bankruptcy. The means test formula deducts from income certain allowable expenses to determine if your net income is under the....

Debtor Is Responsible To Report Changes In Finances Or Assets Up To Day His Petition Is Filed

Posted on July 19, 2009
I read a blog post by attorney Craig Andresen, a Minnesota bankruptcy attorney, discussing a problem which occured when a debtor?s assets or finances changed just prior to the attorney?s filing of the debtor?s bankruptcy petition. Most bankruptcy clients complete...

Man Dies Hours After Filing Joint Bankruptcy; Widow Loses Life Insurance Benefits

Posted on July 15, 2009
I received a call from an attorney from his car on the way back from a creditor meeting with the bankruptcy trustee. The attorneys clients, husband and wife, filed a joint bankruptcy petition. The petition was filed in the morning....

Roommates Sharing A Rented House With Separate Leases Are A Two-Person Household For Bankruptcy Means Test

Posted on July 08, 2009
A debtor?s income relative to the applicable median income is important. Debtor?s below median income are exempt from the means test, whereas those above median income must qualify under the means test to file Chapter 7 bankruptcy. Your applicable median...

Leasing Portion of Homestead Land To Third Party Does Not Impair Exemption

Posted on June 30, 2009
I came upon another interesting court decision concerning Florida homestead. In this bankruptcy case a debtor owned a property in the county less than 160 acres. The debtor placed two mobile homes on the property. He lived in one mobile...

Chapter 7 Trustee Goes After 2009 Prospective Tax Refunds

Posted on June 26, 2009
Bankruptcy trustees may be more aggressively seeking your income tax refunds. Tax refunds are non-exempt money in most bankruptcy cases. If you file bankruptcy during the first four or five months of the calendar year, and you are due or...

Bankruptcy Court Exempts Homestead Property Used For Debtor's Business

Posted on June 23, 2009
Homestead protection applies to homes and land occupied by a debtor as his primary residence. Property used for commercial purposes or for the production of income generally does not qualify for homestead protection. A Florida bankruptcy court recently considered married...

Resulting Trust Theory Can Protect Asset Titled With Parent For Estate Planning Purposes

Posted on June 19, 2009
In the past week I received similar questions from three prospective bankruptcy debtors about assets owned jointly with their parents. In each instance, the parent had added the debtor/ child to the parent?s deed, bank account, or CD for estate...

The Effect of Bankruptcy Or Foreclosure On Your Ability To Qualfiy For Your Next Home Mortgage

Posted on June 10, 2009
One of my recent clients works as a supervisor in the mortgage lending department of a national bank. Many people asked me about the impact of bankruptcy and foreclosure on their credit. I asked this client how many years does...

HOA Fees Liability After Bankruptcy

Posted on June 09, 2009
I read an interesting blog post about liability for homeowners association fees after filing Chapter 7 banrkuptcy.I still owe HOA Fees after I filed Bankruptcy and Surrendered my Home? : Bankruptcy Law Network. The new bankruptcy law does not discharge...

Bankruptcy's Effect On Credit Score: Lender Rebuts Common Myths

Posted on June 02, 2009
Bankruptcy debtors often worry about the effect of a bankruptcy on their credit rating and their ability to finance new cars and homes after filing bankruptcy. The consensus opinion of my clients is that a Chapter 7 bankruptcy ruins your...

Resulting Trust Theory Used To Exclude From Bankruptcy Assets Titled In Debtor's Name

Posted on May 28, 2009
Parents often add their children to the parent?s bank accounts or real estate title so that the child can use the assets for the parent?s benefit in the event of the parent?s disability or to avoid probate upon the parent?s...

Previous | Next

Related Law Bulletins

Developments in Portland and Spokane Catholic Church Bankruptcy Cases
On April 17, U.S. Bankruptcy Judge Elizabeth Perris formally appro...