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Bankruptcy Alphabet: A is for Avoidance

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

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 [...]

Bankruptcy Alphabet: A is for Avoidance2017-01-20T00:06:00-05:00

Should you file bankruptcy or divorce first?

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

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. [...]

Should you file bankruptcy or divorce first?2017-01-20T00:06:00-05:00

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

Transferring Assets and Bankruptcy – Like Oil and Water, They Don’t Mix Well

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

Never, ever transfer an asset prior to filing bankruptcy - or definitely not before talking to me. Transferring the title to your Harley to your cousin Mike or your boat to your best friend Bob does not protect the asset from the trustee. Likely, you made it impossible for me to help you keep it. Sometimes it is referred to as a "fraudulent conveyance". This can me one of two things, or both. First, a debtor [...]

Transferring Assets and Bankruptcy – Like Oil and Water, They Don’t Mix Well2017-01-20T00:06:01-05:00

Bankruptcy Exemption Planning: What To Do or What Not To Do

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

I will be discussing some things to do and not to do before filing bankruptcy. Or, it can be considered exemption planning. First thing not to do before filing bankruptcy  - pay friends or relatives money that you owe them. This is called a preference. You cannot choose to pay your friends or relatives back money that is owed to them in preference to all of your other creditors. In the eyes of the bankruptcy [...]

Bankruptcy Exemption Planning: What To Do or What Not To Do2017-01-20T00:06:01-05:00

Your Debt in Bankruptcy: Secured and Unsecured

2017-01-20T00:06:02-05:00

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 [...]

Your Debt in Bankruptcy: Secured and Unsecured2017-01-20T00:06:02-05:00

Bankruptcy Filing in Florida: Who will find out about it?

2017-01-20T00:06:02-05:00

Most likely only the creditors you list in your bankruptcy petition and anyone you tell yourself will find out if you file bankruptcy. I am not aware of a local publication or newspaper that lists people who filed bankruptcy. The only people I have ever seen listed are famous people or someone who has made the news for another reason. Even the Orlando Sentinel appears to only publish businesses that file bankruptcy, not individuals. But [...]

Bankruptcy Filing in Florida: Who will find out about it?2017-01-20T00:06:02-05:00

Florida Foreclosure Process And Bankruptcy

2017-01-20T00:06:04-05:00

The Florida foreclosure process has a very standard timeline that you need to understand if you're looking to keep your home. First, let's look at how filing for bankruptcy in Florida may affect the foreclosure process. If you are interested in saving your home from foreclosure, filing for bankruptcy may be a good way to do it. A Chapter 7 or Chapter 13 bankruptcy can be filed seconds before your foreclosure auction is scheduled to [...]

Florida Foreclosure Process And Bankruptcy2017-01-20T00:06:04-05:00

Meeting of Creditors and Filing Bankruptcy in Florida – Do I Have to Appear in Court?

2017-01-20T00:06:04-05:00

The Meeting of Creditors, or 341, is the "hearing" where your assigned trustee, and any creditors, are allowed to ask you questions related to the bankruptcy you filed. Filing for bankruptcy in Florida is a difficult decision, be it Chapter 7 or Chapter 13. Regardless of the type of bankruptcy you file, you will need to appear at the meeting of creditors. This sit-down usually takes place about 30-45 days after your bankruptcy has been [...]

Meeting of Creditors and Filing Bankruptcy in Florida – Do I Have to Appear in Court?2017-01-20T00:06:04-05:00