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 [...]
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 [...]
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 [...]
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 [...]
No, I am not talking about when a creditor is taking money out of your paycheck. That is definitely not a good thing. A wage deduction order is having your employer automatically take a portion of your paycheck to the trustee for your monthly chapter 13 plan payment. This means you don't have to worry about saving a portion of each paycheck. No more hassles running to the bank to get a cashiers check or [...]
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 [...]
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 [...]
