What is the bankruptcy process like for the person who is filing for bankruptcy in Miami, FL, Ft. Lauderdale, FL and Palm Beach, FL
When filing for bankruptcy in Miami, FL, Ft. Lauderdale, FL and Palm Beach, FL, you and your lawyer must first decide whether to file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. That should be determined at the initial free consultation. A married person can file individually or jointly. When filing jointly, it is […]
Bankruptcy no longer has a stigma
Back in the old days, very few people filed for bankruptcy. There were few bankruptcies filed before the modern U.S Bankruptcy Code was enacted. Before 1978, there were minimal protections for Debtor’s who filed for bankruptcy. Creditors had all of the advantages. Once the bankruptcy code was changed in 1978, bankruptcy became more of a […]
Lien stripping
In a Chapter 7 bankruptcy, a debtor is able to pay the value of a vehicle in Miami, Ft Lauderdale or Palm Beach county, at any time after the trustee abandons his/her interest in that vehicle. A Chapter 7 trustee in Miami, Ft Lauderdale or Palm Beach County will abandon his/her interest if more money […]
What to do when choosing a bankruptcy lawyer
One of the most important things to do when choosing a bankruptcy lawyer is to choose the right one for you. Bankruptcy is a difficult subject in the law. You have to make sure the lawyer is knowledgeable in not just the law, but the procedures required by the bankruptcy court. In the Southern District […]
How the Foreclosure process works, and what Chapter 13 Bankruptcy can do for you.
When you buy a house, you are required to sign a lot of documents. The two main documents that you sign are the promissory note and the mortgage. The promissory note is the document that tells everyone that you are borrowing a certain amount of money. The mortgage incorporates the promissory note and says that […]
The Bankruptcy Process
Bankruptcy is an extremely complicated process. It involves a proceeding in Federal Court. There is a Trustee appointed to administer either your assets or payments that you make on behalf of your creditors. The Trustee is appointed by the court to review all aspects of your case to make sure everything has been done correctly, […]
Dischargeability of Taxes
There are many types of taxes imposed on people and companies. Some of these taxes are never dischargeable in bankruptcy, and others may be. For example, a tax that you have collected on behalf of someone else is never dischargeable. So sales taxes which you collect on the sale of an item is paid by […]
Alimony, child support and equitable distribution
After a couple have a child, whether they are married or not, there is a financial responsibility that comes with that event. If the couple separate or divorce, and there is a court proceeding in the family court, if there was a marriage, there may possibly be alimony and equitable distribution awarded. Alimony puts the […]
Affording a Chapter 13 bankruptcy payment plan
One of the main issues of a Chapter 13 bankruptcy payment plan is the Debtors ability to pay the trustee every month. In a Chapter 13 bankruptcy, you are required to repay certain debts to the bankruptcy trustee So, if you are behind on your mortgage, once you file your Chapter 13 bankruptcy, you are […]
Effects of filing a Bankruptcy without my spouse
When you are married, you can file Bankruptcy without including your spouse. In fact, when a Bankruptcy is filed jointly with a married couple, they are technically two different bankruptcy cases administered jointly. When you file a Bankruptcy individually, your spouse’s assets are not included in your filing, unless you have joint debt. In Florida, […]