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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

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

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

Credit Card Lawsuits, Debt Settlement, and Other Updates

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

I have blogged in the past regarding credit card debt lawsuits and debt settlement.  A recent article in the Sun Sentinel shows that credit card companies and debt buyers are trying harder to collect. Small claims courts in Broward and Palm Beach counties are reporting a spike in the number of cases against debtors, who typically owe between $2,000 to $4,000. Some judges say they are handling more than 25 such cases a week, compared [...]

Credit Card Lawsuits, Debt Settlement, and Other Updates2017-01-20T00:06:01-05:00

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


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for bankruptcy under the US Bankruptcy Code.