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 [...]
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 [...]
The Fair Debt Collection Practices Act (or FDCPA) requires certain proper behavior for debt collectors and debt buyers. You are not supposed to be harassed over your debt. How many times a day does that bill collector call you? Once, three, five, over ten times a day? Have you stopped answering the phone at all because they won't leave you alone? Debt collector laws most often appear in my practice after the filing of a bankruptcy. [...]
I have blogged in the past regarding credit card debt lawsuits and debt settlement. A recent article in the Sun Sentinel shows that credit card companies and debt buyers are trying harder to collect. Small claims courts in Broward and Palm Beach counties are reporting a spike in the number of cases against debtors, who typically owe between $2,000 to $4,000. Some judges say they are handling more than 25 such cases a week, compared [...]
Florida Chapter 13 cases often come with questions about car loans. My clients frequently own or are financing an automobile, and are worried about losing their car when they file a Chapter 13 case. The good news is that when you file for Chapter 13 bankruptcy in Florida, there may be a way to get relief from car loans with high payments, high interest, or loan amounts that are greater than the value of the car. [...]
Florida Chapter 13 cases often come with questions about cars. Our clients frequently own or are financing an automobile, and are worried about losing their car when they file a Chapter 13 case. The good news is that when you file for Chapter 13 bankruptcy in Florida, there may be a way to get relief from car loans with high payments, high interest, or loan amounts that are greater than the value of the car. If [...]
This is the second installment of bankruptcy exemption planning and more things to do or not to do before filing bankruptcy. I will also focus on how your bank accounts can be affected by bankruptcy. Your retirement accounts are usually exempt from all creditors. So before you start taking money out of those accounts in an attempt to pull yourself out of debt, you should consult with me. I have seen people drain their retirement [...]
Bankruptcy generally involves two types of debt - secured and unsecured. Let's start with secured debt. Debt that is secured generally means that you pledge an asset to assure the payment of the loan. The most common examples are car loans and mortgage loans. If you don't pay your car loan, the lender will repossess the car. If you don't pay your mortgage loan, the lender will foreclose and take the property back. There are other types [...]
The motion for relief from stay in bankruptcy - it even sounds scary. And it can be. When you file for bankruptcy, you are protected by the "automatic stay". This prohibits creditors from taking any action to collect debts or from taking property which may be secured by the creditor's loan. A motion for relief from stay (MFRS) is the creditor's request to the court to get permission to continue its collection of the debt. [...]
