Lewis Roberts, Florida Bankruptcy Lawyer

/Lewis Roberts, Florida Bankruptcy Lawyer

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So far Lewis Roberts, Florida Bankruptcy Lawyer has created 76 blog entries.

Should you file bankruptcy or divorce first?

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Bankruptcy Alphabet: B is for Bar…Date

The lysine contingency - it's intended to prevent the spread of the animals is case they ever got off the island. Dr. Wu inserted a gene that makes a single faulty enzyme in protein metabolism. The animals can't manufacture the amino acid lysine. Unless they're continually supplied with lysine by us, they'll slip into a coma and die.

Bankruptcy Alphabet: D is for Deficiency

The mysterious deficiency balance. There is a lot of misinformation, from various sources, regarding a deficiency on your home mortgage. The deficiency is the amount of money that you may still owe the lender or mortgage company when a property short sells or is foreclosed. I often visit blogs of other real estate professionals to get their opinions and angles on the same topics I deal with as a bankruptcy and consumer attorney. A realtor and [...]

Bankruptcy Alphabet: C is for Chapter Choice

Chapter choice may be the most important decision you can make to maximize your debt relief, and take advantage of everything bankruptcy protection has to offer - especially if you are filing in the Orlando Division. I recently took over a small bankruptcy practice in Orlando from another attorney who practices out of state. It primarily helps Spanish speaking clients. Almost all of the bankruptcies filed by that office, before I took over, were for [...]

Bankruptcy Alphabet: B is for Bar…Date

  Its not what you think it is, but a bar date is a good thing for a debtor in bankruptcy. Everyone wants some amount of certainty in their life. The bar date gives debtors the certainty they need during the bankruptcy process. If you file a chapter 13, or a chapter 7 with assets, the court will set a bar date for claims from creditors. This means a creditor must file its proof of claim [...]

Bankruptcy Alphabet: A is for Avoidance

Avoidance can be a good thing or a bad thing in the bankruptcy alphabet. Lien avoidance is a good thing when we are talking about your second mortgage. In chapter 13, if your first mortgage amount is more than the value of the home, then you may be able to strip your junior mortgage. Everyone refers to it as a lien strip, or stripping a mortgage, but it is really called lien avoidance under the [...]

Should you file bankruptcy or divorce first?

In better times, divorce was about splitting the assets.  I will give my colleague Bill Balena credit for the following regarding bankruptcy and divorce: Divorce is not about splitting assets anymore, it is about splitting debt. I don't see clients arguing over who gets to keep the house, or the car, because there isn't any equity in either anymore (unlike during the real estate boom) or when incomes were higher and everyone owned their cars outright. [...]

Qualifying for Chapter 7 in Orlando, Daytona Beach, Ormond Beach, or Palm Coast

Families in Orlando, Daytona Beach, Ormond Beach, and Palm Coast will find it more difficult to qualify for Chapter 7 bankruptcy on November 1, 2011. The State Median Family Income by Family Size for bankruptcy gets updated from time to time. In the past, for the most part, the numbers would go up. But lately, the numbers have been decreasing. In Florida, they income numbers are as follows: Household of 1 = $41,334 Household of 2 = [...]

When is the right time to file bankruptcy?

The answer for the right time to file bankruptcy is more often now, rather than later. Usually the more common question is should I file bankruptcy with "only" $xx,xxx in credit card debt. That is almost impossible to answer. $5,000 in debt could be a drop in the bucket for some people, but a crushing amount for others. The more important issue may be to time your bankruptcy properly. I have clients who come in [...]

Can Creditors take my Social Security or Pension Income in Bankruptcy?

You have mounting credit card and other unsecured debts, but you are on a fixed income of social security or pensions. Surprise! You might not need to file bankruptcy at all! It will take some discipline, some planning, and your willingness to not use traditional sources of credit for future purchases - but it can be done. I consult with potential clients who often have only exempt assets (creditors cannot touch these possessions) and their [...]