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 [...]
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 [...]
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. [...]
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 = [...]
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 [...]
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 [...]
Yes, it is that time of year again - tax returns were due yesterday - unless you filed an extension. It is important to remember that you need to file the tax return, even if you can't pay a tax you might owe. The reason for filing the return will follow below. Did you know that a chapter 7 or chapter 13 bankruptcy may be able to wipe away certain tax debts? But be careful, [...]
No, the bankruptcy trustee, in either chapter 7 or chapter 13, does not come to your home. Pretty quick answer, right? In over a thousand Florida bankruptcy filings to my name, only 1 client has had a bankruptcy trustee's representative appear at the debtor's home for an inspection. This was due to a misunderstanding at the meeting of creditors. The potential for a home visit is extremely rare and usually would be due to suspicion of [...]
Can you imagine life without a driver's license? Maybe yours has already been suspended? Well, bankruptcy may be able to help you keep your driver's license, or help you get your driver's license back if it has already been suspended. The most common situation is when someone does not have insurance and gets into an accident. When that person is not able to pay the judgment, the insurance company for the other driver will usually [...]
Florida bankruptcy cases often involve the question of tax refunds. Will the trustee take the money? Yes, the trustee will take your tax refund. It does not matter if it is a Chapter 7 or a Chapter 13 filed in Florida. If you file a Chapter 7 case in Florida then you need to plan your bankruptcy filing before the case goes to court. Florida consumers may be able to exempt the refund in some situations. [...]
