united states bankruptcy law

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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

Does the Bankruptcy Trustee Come to My Home?

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

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 [...]

Does the Bankruptcy Trustee Come to My Home?2017-01-20T00:06:01-05:00

Bankruptcy: A Wage Deduction Is A Good Thing!

2013-12-19T12:50:34-05:00

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 [...]

Bankruptcy: A Wage Deduction Is A Good Thing!2013-12-19T12:50:34-05:00

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

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

Motion For Relief From Stay In Florida Bankruptcy Cases

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

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. [...]

Motion For Relief From Stay In Florida Bankruptcy Cases2017-01-20T00:06:04-05:00

Tax Refunds And Bankruptcy In Florida

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

Florida bankruptcy cases often involve the question of tax refunds. Will the trustee take the money? Yes, the trustee will take your tax refund. It does not matter if it is a Chapter 7 or a Chapter 13 filed in Florida. If you file a Chapter 7 case in Florida then you need to plan your bankruptcy filing before the case goes to court. Florida consumers may be able to exempt the refund in some situations. [...]

Tax Refunds And Bankruptcy In Florida2017-01-20T00:06:04-05:00

Reaffirmation Agreements In Bankruptcy

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

Chapter 7 bankruptcy requires you to tell the court what you intend to do with property that has a loan as security. The most common are mortgages and car loans. Home or apartment leases and car leases also fit into this category, as well as others. When you file for Chapter 7 bankruptcy in Florida and want to keep your car or home, you may be able reaffirm the debt. This means you are signing [...]

Reaffirmation Agreements In 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

Chapter 13 Bankruptcy Better Than Debt Consolidation For Florida Residents?

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

Is Chapter 13 Bankruptcy Better Than Debt Consolidation For Florida Residents? Florida consumers have been watching the late-night television commercials and getting suckered into debt consolidation. With wild promises to repay all of your bills at one low monthly fee, people who live near me in Orlando, Daytona beach, Ormond Beach, Palm Coast, and Port Orange have been calling asking me why I think debt consolidation is bad for Florida residents. The answer is simple, but [...]

Chapter 13 Bankruptcy Better Than Debt Consolidation For Florida Residents?2017-01-20T00:06:04-05:00