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

Two Chapter 7 Debtors In Separate Cases Get Cars From A Family Member: One Debtor Loses Car; Other Debtor Keeps Car

Posted on July 09, 2010
I had two trustee meetings today with clients who acquired new cars not long prior to filing bankruptcy. Both debtors got help from more affluent family members to get their cars, but the two debtors and their respective families chose...

Is It An Automatic Stay Violation If Doctor Refuses To Treat Bankrupt Patient Unless He Pays Doctor's Pre-Petition Medical Bill?

Posted on July 07, 2010
Here?s an interesting issue that circulated on a bankruptcy attorney listserv. A debtor files bankruptcy because he cannot pay credit card and medical bills. After he files his petition, he returns to one of his doctors for treatment on an...

Debt Settlement Companies Described As Consumer Scam By N.Y. Times Article

Posted on July 01, 2010
Don't hire a debt settlement company until you read this New York Times article by Peter Goodman. The article describes how the poor economy has lead more people than ever to try debt settlement and consolidation services to resolve credit...

Sometimes, Bankruptcy Debtors Just Get Lucky: Chapter 7 Debtor Keeps Non-Exempt Car

Posted on June 28, 2010
I went to a trustee meeting last week with a single debtor who owned a car free and clear. The car blue book value was $10,000. The debtor said the car "needed work" and that she had a repair estimate...

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

Chapter 13 Debtor Cannot Keep Lottery Winnings Or Inheritance Received After The Court Confirms Bankruptcy Plan

Posted on June 22, 2010
I?ve been involved in Chapter 7 bankruptcy cases where the debtor became entitled to an inheritance or insurance death benefit after he had already filed Chapter 7 bankruptcy. The rule is that any inheritance to which the debtor becomes entitled...

Chapter 13 Debtor Wants To Cram Down Several Investment Mortgages

Posted on June 18, 2010
Debtors in Chapter 13 bankruptcy cannot cram down or force a reduction in the balance of a first mortgage on their principal residence. Debtors can cram down first mortgages on all real estate other than their residence. Cram down means...

Debtor Titled Business's Work Truck In Debtor's Name For Financing: Will Debtor Lose Truck In Bankruptcy?

Posted on June 15, 2010
Debtors get only a one thousand dollar exemption for cars. This exemption does not go very far when the vehicle in question is a work truck. This past week one of my clients presented to following fact situation. The debtor...

Wage Garnishment After Bankruptcy: Is Employer Required To Withhold Post Petition Paychecksk, Or Is Doing So A Stary Violation ?

Posted on June 10, 2010
Here?s a real bankruptcy situation I dealt with last week; the issues resolved, so I can use the case for a blog post. I?ll simplify the facts. A creditor serves a wage garnishment on the debtor?s employer. The employer garnishes...

Does A Workers Compensation Settlment Count As Income In Means Test Analysis?

Posted on June 07, 2010
A bankruptcy attorney sent me an interesting question about treatment of workers compensation benefits in the Chapter 7 means test calculation. Workers compensation payments are exempt from creditor garnishment outside of bankruptcy, and debtor?s accumulated worker?s compensation is exempt in...

Chapter 13 Mortgage Mediation Program Begins: Will It Work?

Posted on June 03, 2010
I?ve posted before about mortgage mediation program in Chapter 13 bankruptcy initiated by the Orlando Division of Florida?s bankruptcy courts. The program is now in place; the bankruptcy court has issued a standard order to be issued upon request by....

Debtors Should Never Communicate With Their Bankruptcy Trustee

Posted on May 31, 2010
A Chapter 7 trustee sent my paralegal an email requesting some additional financial information from one of my Chapter 7 clients. My paralegal forwarded the trustee?s request to the debtor by email and told the debtor to provide the answers...

Credit Card Negotiations In The Life Of Your Credit Card Account: Why Don't They Negotiate Balances?

Posted on May 27, 2010
Before filing bankruptcy many people try to negotiate settlements with their credit card companies and find that their creditors are not willing to reduce loan balances. Some debtors hire debt negotiation or debt consolidation companies and find that these companies...

Court Says Foreign Creditor Can Ignore Automatic Stay And Continue Pursuit Of Debtor's Assets Abroad

Posted on May 23, 2010
There is a general bankruptcy rule that bankruptcy courts have world-wide jurisdiction. This principal is relevant usually when a bankruptcy trustee want to capture the debtor?s assets located in other states and offshore. But, what is the extent of bankruptcy...

Divorced Couple Still Lives Together: Does Either Spouse Have To Count Ex-Spouse's Income In Bankruptcy Means Test?

Posted on May 20, 2010
Husband and wife were just divorced, but until they can afford two households they remain living in the same house. They agreed that they would separate their finances. Each spouse pays their own expenses from their own income; they each...

How To Modify Bankruptcy Plan When Debtor Acquires New Debt During Plan Term

Posted on May 18, 2010
In my office we learn something new every week. One of our Chapter 13 bankruptcy clients was paying a confirmed Chapter 13 plan. The plan included payments of the debtor?s car lease. Last month, the debtor called us to explain...

Debtors Want To Amend Confirmed Chapter 13 Plan To Add Strip Of Second Mortgage

Posted on May 13, 2010
Clients, husband and wife, filed Chapter 13 bankruptcy in 2007. This couple filed bankruptcy to save their home which is subject to a first and a second mortgage. The bankruptcy court approved a five year bankruptcy plan, and clients are...

Does Debtor Borrowing Money From Child's UTMA Account Forfeit Protection In Chapter 7 Bankruptcy?

Posted on May 12, 2010
A few days ago I wrote a blog post comparing the asset protection of Totten trusts and UTMA("uniform gift to minors") financial accounts. I explained that the Totten trusts were not exempt from the bankruptcy estate because the accounts could...

Are Support Payments To Debtor's Parents Prior To Filing Bankruptcy Reversible Fraudulent Transfers?

Posted on April 29, 2010
If a debtor transfers money to his parents prior to filing Chapter 7 bankruptcy the bankruptcy trustee could try to recoup the money from the parents as recipients of fraudulent transfers. The general rule is that prospective bankruptcy filers should...

Totten Trust Or Gift-To-Minors Account: Which Is Exempt In Bankruptcy?

Posted on April 26, 2010
A client established several years ago a bank account to save for his children?s education. The bank opened the account as a Totten Trust. The client said he knew his kids? account was protected from judgment creditors because I had...

Chapter 7 Bankruptcy Debtor May Face Liability For Post-Filing HOA Dues

Posted on April 20, 2010
Chapter 7 bankruptcy debtors facing foreclosure against invested in multiple properties face unexpected jeopardy from unpaid homeowner association or condominium association fees and assessments. One of my Chapter 7 bankruptcy debtors owned four properties facing foreclosure...

Interesting Question About Mortgage Foreclosure And Homestead Exemption

Posted on April 15, 2010
A reader submits the following question about homestead protection and foreclosure in a bankruptcy context. A Florida resident files Chapter 7. His homestead (is situated upon) 2 acres, each legally described as 1 acre lots.?House sits on one acre?with attached...

Homestead Exemption In Chapter 7 Bankruptcy Does Not Avoid Pre-Existing Judgment Lien

Posted on April 11, 2010
Many bankruptcy clients have complicated lives, and sometimes, their real life stories create interesting bankruptcy law issues. One bankruptcy client asked me this week if she could protect a house under the homestead exemption; the house has a an unusual...

Homestead Exemption In Chapter 7 Bankruptcy Cannot Avoid Creditor's Judgment Lien Obtained Before Debtors' Moved Into Home: Unless Bankruptcy Preference Rules Apply

Posted on April 02, 2010
Here?s a common situation of Chapter 7 bankruptcy debtors. Husband and wife own two properties, both of which are upside down. They live in one property and rent the other as an investment property. They cannot afford the mortgage on...

Chapter 13 Trustee Staff Teaches Me How To Defer Some Income Taxes Beyond Five-Year Bankruptcy Plan

Posted on March 31, 2010
As a general rule debtors who file Chapter 13 bankruptcy must pay in full during their bankruptcy plan all of their "priority debts." Priority debts include among other things federal income taxes. Many people file Chapter 13 in order to...

Employee's Dilemma: Is Paying Employer Back Money In Order To Be Rehired An Improper Creditor Preference?

Posted on March 29, 2010
A Chapter 7 trustee can reverse and bring back into the bankruptcy estate any payments the debtor makes to an unsecured creditor within 90 days of filing bankruptcy; such payments are considered preferential to one creditor at the expense of...

Confusing Income : Taxable Income Is Different From Means Test Income

Posted on March 24, 2010
Whether or not you qualify to file Chapter 7 depends on your income level relative to applicable median income where you live. The term "income" has special meaning in bankruptcy law, and many people reach incorrect conclusions about their bankruptcy...

How To Start A New Bankruptcy Law Practice: Helpful Hints

Posted on March 12, 2010
From time to time I am approached by a younger bankruptcy attorney who says that my bankruptcy blog has helped his new bankruptcy practice. Bankruptcy law is more difficult than when I handled my first case and new bankruptcy attorneys...

Chapter 13 Debtors' Tax Refunds: Spend Or Turn Over To Trustee?

Posted on March 12, 2010
Many taxpayer rely on their tax refunds to pay certain expenses they cannot afford on their normal salary. People who have filed Chapter 13 bankruptcy sometimes ask me what happens to their tax refunds during their bankruptcy. Do they have...

Chapter 13 Debtor Can May Make Some Payments Directly To Secured Creditors

Posted on March 10, 2010
The general rule in Chapter 13 bankruptcy is that the debtor makes one monthly payment to the Chapter 13 trustee who then distributes monthly payments to the debtor?s creditors- the trustee is the collection agent for all creditors. Some debtors...

The Bankruptcy Trustee Is Not The Debtor's Friend

Posted on March 07, 2010
Once in a while our office gets a call from the Chapter 13 Trustee or one of the Chapter 7 trustees telling us that one of our clients called or wrote their office about an issue in or question about...

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...