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Bankruptcy Alphabet: B is for Bar…Date

2017-01-20T00:06:00-05:00

  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: B is for Bar…Date2017-01-20T00:06:00-05:00

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

2017-01-20T00:06:01-05:00

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 [...]

Can Creditors take my Social Security or Pension Income in Bankruptcy?2017-01-20T00:06:01-05:00

My landlord is in foreclosure… Do I still pay rent?

2017-01-20T00:06:01-05:00

If you just found out your landlord is in foreclosure, you probably must continue to pay your rent, or you risk a possible eviction. On the flip side of the coin, if your tenants are not paying rent because you are in foreclosure, then you should demand rent be paid, or evict them if they don't leave the home. Foreclosures are moving slowly in Orlando, Daytona Beach, Ormond Beach, and Palm Coast. They are almost [...]

My landlord is in foreclosure… Do I still pay rent?2017-01-20T00:06:01-05:00

Private or Federal Student Loans and Bankruptcy

2017-01-20T00:06:01-05:00

Can you discharge a private student loan in bankruptcy? What can be done about my federal student loans in bankruptcy? As you can imagine, I get asked this question a lot. It is being asked more often since student loan debt now is now higher than total credit card debt, according to the Wall Street Journal. In general, private student loans and federal student loans cannot be discharged in bankruptcy. But I have blogged in [...]

Private or Federal Student Loans and Bankruptcy2017-01-20T00:06:01-05:00

FDCPA and Bill Collectors: How To Make Them Stop Harassing You

2017-01-20T00:06:01-05:00

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. [...]

FDCPA and Bill Collectors: How To Make Them Stop Harassing You2017-01-20T00:06:01-05:00

Discharging Taxes in Bankruptcy

2011-04-19T11:32:41-04:00

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, [...]

Discharging Taxes in Bankruptcy2011-04-19T11:32:41-04:00

Can I Go to Jail If I Don’t Pay My Debts?

2017-01-20T00:06:01-05:00

Many people think they can go to jail (debtor's prison) for not paying their debts. This is not true. It is your right to ignore a lawsuit, if you want to – up to a certain point. I don’t think that is a very good strategy, but it is your right. If for whatever reason you don’t want to fight a lawsuit against you, it can be ignored. But a judgment will likely be entered [...]

Can I Go to Jail If I Don’t Pay My Debts?2017-01-20T00:06:01-05:00

New Credit Bureau Policy May Help Repair Your Credit Score

2017-01-20T00:06:01-05:00

A recent Fox 35 Orlando news story shows how Experian's new credit reporting policy can actually help improve one's credit score after losing a home to foreclosure. News that the Experian Credit Agency is the first to count rental histories when calculating one's credit score, is the first solid bit of hope she's had in awhile. The woman featured in the news piece lost her home to foreclosure, rented a similar house literally around the [...]

New Credit Bureau Policy May Help Repair Your Credit Score2017-01-20T00:06:01-05:00

Using Chapter 13 Bankruptcy to Modify Your Car Loan

2017-01-20T00:06:01-05:00

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. [...]

Using Chapter 13 Bankruptcy to Modify Your Car Loan2017-01-20T00:06:01-05:00