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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

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

Qualifying for Chapter 7 in Orlando, Daytona Beach, Ormond Beach, or Palm Coast

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

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 = [...]

Qualifying for Chapter 7 in Orlando, Daytona Beach, Ormond Beach, or Palm Coast2017-01-20T00:06:00-05:00

When is the right time to file bankruptcy?

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

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 [...]

When is the right time to file bankruptcy?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

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

What is a Deed In Lieu? (And why it might be bad)

2011-06-21T13:25:32-04:00

What is a deed in lieu? Or deed in lieu of foreclosure? It is the process of signing the deed over to your mortgage lender to avoid the completion of a foreclosure on the property. It is a favorite subject right now, but one with lots of misinformation under the umbrella of "what is a strategic default?" It is popular in this mortgage meltdown to search for ways to get out from an underwater mortgage. A [...]

What is a Deed In Lieu? (And why it might be bad)2011-06-21T13:25:32-04:00

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