Attorney Questions

Does Owning Florida Real Estate Confer Eligibility To File Bankruptcy In Florida?

08/23/11

An attorney called me today to ask me about his client who had moved from Florida to Ohio a few months ago to take a new job and establish a new residence The same client still owned a piece of real property in Florida which was his former Florida homestead. The attorney understood that the client would not be eligible for Florida exemptions because the debtor no longer domiciled in Florida. The question was whether or not the client could file bankruptcy in Florida because he retained ownership of Florida property.

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When Bankruptcy Benefits Criminals? Comparing O.J. And Casey.

07/27/11

After reading and considering  my posts regarding legal issues in a Casey Anthony bankruptcy, an attorney sent me an email asking why O.J. did not file Chapter 7 bankruptcy. He asks why would bankruptcy work for Casey if it did not work for O.J.

Chapter 7 bankruptcy does not permit the debtor to discharge damages caused by the willful and malicious injury by the debtor to another person. This is important for the debtor only if there is a person entitled to damages and who is willing to sue for damages.

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