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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

Can Small Business Survive Owner's Personal Bankruptcy?

Posted on May 27, 2009
Many bankruptcy clients during the current recession own a small businesse, and they are concerned about the impact of their personal bankruptcy on their business. Can they continue to own and operate their small business while filing personal bankruptcy to...

Bankruptcy Sometimes Involves Luck

Posted on May 19, 2009
Like most things in life bankruptcy involves some luck. Particularly, there is luck in the draw of your bankruptcy trustee. There is variation among Chapter 7 bankruptcy trustees in their policies concerning pursuit of non-exempt assets which can be taken...

Can Debtors File Bankruptcy in Florida While Caring For Parents in Another State?

Posted on May 14, 2009
In the past month two prospective bankruptcy clients presented the same issue with similar facts. The debtors had moved to Florida in the past year and rented apartments intending to get a job and reside in Florida. Soon thereafter, the...

Homestead Exemption and Entireties Exemption Are Independent Protections

Posted on May 08, 2009
A joint debtor?s homestead can be exempt in bankruptcy either as homestead pursuant to the Florida Constitutional exemption or exempt as tenants by entireties pursuant to the exemption established by our state court judicial traditions. Suppose that five years prior...

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Bankruptcy Attorney Doesn?t Return My Phone Calls

Posted on May 07, 2009
I found an interesting article about bankruptcy law practice written by a Oregon bankruptcy attorney named Karen Oakes. My Bankruptcy Attorney Doesn?t Return My Phone Calls. Why? : Bankruptcy Law Network. All attorneys , not just bankruptcy attorneys, are reminded...

"Special Circumstance" Exception To Means Test Is Narrowly Construced By Florida Court

Posted on May 05, 2009
People who earn above median income and who fail the "means test" cannot file Chapter 7 bankruptcy. There is an exception for debtors who can demonstrate "special circumstances." I have had many clients who felt their circumstances were special so...

Dismissals Of Chapter 7 Bankruptcy As Abusive When Debtor Passes Means Test

Posted on May 03, 2009
Many bankruptcy debtors do not understand eligibility for Chapter 7 bankruptcy. They rely too much on the means test, and they assume that if they are exempt from or pass the means test they automatically are eligible for Chapter 7....

Mortgage Companies Refusing Loan Modification To Some Chapter 7 Debtors

Posted on May 03, 2009
There was an article in the newspaper today concerning the increasing number of mortgage modifications for troubled homeowners. I have received inquires from some of my bankruptcy clients who are attempting to modify their home mortgage after filing Chapter 7...

U.S. Senate Defeats Bill That Would Allow Bankruptcy Judges To Modify Mortgages in Chapter 13

Posted on April 30, 2009
The United States Senate defeated the proposal to permit bankruptcy judges to force modification of home mortgages in Chapter 13 bankruptcy proceedings. The bill earned 45 votes, far less than the 60 votes needed to cut off a potential filibuster....

Chapter 13 Plan Payments Can Change If Family's Financial Situation Changes During Plan

Posted on April 26, 2009
I often have to explain to prospective Chapter 7 bankruptcy debtors that they are ineligible to file Chapter 7 and fail the means test because they make too much money relative to their expenses. The means test forces these debtors...

Excessive Credit Card Debt In Unrealistic Plan To Save Business Not Grounds To Deny Chapter 7

Posted on April 26, 2009
A debtor?s business is failing; there is no rational prospect of saving the business in poor economic environment. Nevertheless, the business owners tries to keep the business alive by funding operating deficits with charges on several personal credit cards...

Surrendering Home Does Not Affect Means Test Calculation in Chapter 7

Posted on April 26, 2009
A prospective Chapter 7 bankruptcy debtor has substantial credit card debt and a large mortgage payment on a house that has lost its equity in the housing collapse. By depleting savings the debtor has managed to keep all payments current....

Bankruptcy Court Gives Homestead Protection To Motor Home

Posted on April 24, 2009
Questions come up from time to time about qualification of motor homes as protected homestead property. There have been several court cases which have disqualified motor homes, as well as houseboats, as homestead. However, a recent case in Orlando bankruptcy...

Can Debtor Claim Homestead After Moving Into Assisted Living Facility?

Posted on April 20, 2009
Today, I responded to a caller who was considering filing Chapter 7 bankruptcy for his elderly parent. The parent owns a house in Florida free and clear of any mortgage debt. The parent suffers from dementia. The family moved the...

Negotiating Mortgage Modification Can Create Substantial Abuse Issues in Chapter 7 Bankruptcy

Posted on April 12, 2009
Dealing with your mortgage company and filing Chapter 7 bankruptcy are supposed to be independent of one another. Filing Chapter 7 bankruptcy should not effect your relationship with the mortgage lender of an exempt homestead property; but, it can in...

Credit Crunch Affecting Chapter 7 Trustee Property Sales: More Leverage To Debtors

Posted on April 07, 2009
Credit problems are affecting Chapter 7 Trustees as well as Chapter 7 debtors. At a recent creditor meeting a Trustee explained to me that tightening of credit in the general economy is adversely affecting the trustees ability to liquidate non-exempt...

Its Becoming Harder To Get Car Loan After Chapter 7 Bankruptcy

Posted on March 27, 2009
Its more difficult for anyone to get credit today, and its particularly becoming more difficult to get credit after filing bankruptcy. I had a conversation yesterday with a man who manages a large car dealership. He has been in the...

Good News For Used Car Dealers May Not Be Good For Chapter 7 Debtors

Posted on March 26, 2009
I buy all my cars from a guy named "Mo" in Longwood, Florida, at his business called Auto Gallery. I?ve purchased several used cars from Mo during the past 15 years. Last week I asked Mo how his used car...

Homestead Protection For Commercial Building With Upstairs Apartment

Posted on March 25, 2009
The issue is whether you can exempt as homestead a commercial building with an second floor apartment used as your primary residence. A south Florida debtor owned a commercial building in Miami. He operated a adult entertainment club on the...

Consequences Of Debtor Not Signing Reaffirmation Agreements For Car Loans and Leases

Posted on March 22, 2009
Chapter 7 bankruptcy debtors are required to reaffirm car loans in order to keep their car and their car loan through a bankruptcy. The bankruptcy code says that if a debtor does not reaffirm a car loan (or other secured...

Bankruptcy Does Not Exempt Cars Because You Need Car To Get To Work

Posted on March 22, 2009
Bankruptcy law is supposed to give the honest debtor a fresh start in life. A good job is the basis of a fresh start for most bankruptcy debtors, and most good jobs in Florida require that the employee commute by...

Financing Car Purchase During Chapter 7 Bankruptcy

Posted on March 20, 2009
Many Chapter 7 bankruptcy clients would like to surrender a car and escape an upside-down car loan, but they are afraid they will not be able to buy a replacement car. Many people have destroyed their credit by the time...

Is Repayment To Friend Prior To Bankruptcy An Impermissible Preference?

Posted on March 18, 2009
Bankruptcy is designed to treat all creditors equally. If a debtor favors particular creditors by paying the preferred creditor just before filing bankruptcy the bankruptcy trustee can force the preferred creditor to give back the money for equal distribution to...

Mortgage Modification Program Enacted By Federal Government

Posted on March 07, 2009
I receive several emails and calls daily from people with problem home mortgages. This week several people have asked me whether they qualify for help under the government?s new mortgage assistance program. I read an article in the Wall Street...

Trustee Takes Debtor's Interest In Real Property Wholly Paid For By Parent Co-owner.

Posted on March 02, 2009

Possible Limit On IRA Exemption In Florida Bankruptcy Cases

Posted on February 28, 2009

Court Makes Bankruptcy Easier For Mobile Home Residents

Posted on February 22, 2009
A bankruptcy court in Tampa made bankruptcy easier for people who live in mobile homes on rented mobile home lots. A recently enacted Florida statute provides a $4,000 "wildcard" exemption for personal property which courts have said can be tacked...

Creditor Harassment Claims During Chapter 7 Bankruptcy

Posted on February 17, 2009
understand some Chapter 7 trustees in Tampa, and maybe elsewhere, are asking some debtors at the creditor meeting if they have been subject to creditor harassment prior to filing bankruptcy. The question is being asked to see if the debtor could assert a claim under the Fair Debt Collection Practices Act...

Pre-Bankruptcy Planning: Court Allows Large Cash Investment in Homestead Same Month Bankruptcy Filed

Posted on February 15, 2009
A recent court decision from the 8th Circuit Court of Appeals seems to provide debtors greater leniency to shelter money in their exempt homestead.

Does Sending 1099 To Bankruptcy Debtor Violate Automatic Stay?

Posted on February 11, 2009
The debtor received his bankruptcy discharge in 2008. The mortgage company sent the debtor an IRS From 1099 representing imputed income for forgiveness of the mortgage debt. The attorney believes that sending the 1099 may be a violation of the automatic stay

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