News Topic: chapter 7

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The common wisdom is that is nearly impossible to discharge a student loan in a Chapter 7 bankruptcy . I recently saw a Florida bankruptcy case where a  bankruptcy judge did order the discharge of a debtor’s student loan. ... Read full article

It’s well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to ... Read full article

Is it ever possible for a Chapter 7 trustee to take a debtor’s exempt assets? The answer is “yes” in extraordinary cases. The issue was addressed in a recent bankruptcy court decision. ... Read full article

In In re Kulakowski , No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. ... Read full article

(305) 891-4055 - Over 25 Years of Experience - Over 8,000 Cases Filed - 1221 Brickell Ave., 9th Fl., Miami, Florida - Jordan E. Bublick - www.bublicklaw.com You will normally receive your Chapter 7 Discharge Order about 3 to 4 months after the ... Read full article

A bankruptcy court can dismiss a Chapter 7 bankruptcy filing for “bad faith” even if the debtor passes the means test or is exempt from the means test because his debts are primarily non-consumer debts. A Florida bankruptcy court dismissed a Chapter 7 ... Read full article

Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is in Miami at 1221 Brickell Ave., 9th Fl., Miami and may be reached at (305) 891-4055.  www.bublicklaw.com ... Read full article

Bankruptcy debtors are bound by the information on their bankruptcy petition, and debtors should not assume they can edit financial information to protect assets after the bankruptcy trustee requires the assets to be turned over. ... Read full article

A Chapter 7 bankruptcy trustee is supposed to gather and sell all non-exempt personal property of significant value. Sometimes there are practical considerations that lead most trustees to leave valuable assets for the debtor. One of my Chapter 7 ... Read full article

It's well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to ... Read full article

I received an inquiry from prospective bankruptcy clients who had moved to Florida from New York just over six months and had purchased jointly a Florida homestead . The wife had substantial unsecured debts and wanted to file Chapter 7 bankruptcy . ... Read full article

When someone borrows money from another person and then is unable, or simply unwilling, to pay back the loan the lender can feel that the borrower stole his money or defrauded him out of money. Can a creditor challenge the Chapter 7 bankruptcy discharge ... Read full article

Did you know that your time in Chapter 7 is an ideal time to negotiate extremely favorable buy outs or payment terms for secured debts?  Because you have the option to surrender secured collateral that may have lost significant value, secured creditors ... Read full article

I received a call from an estate and probate attorney about one of his probate clients who filed Chapter 7 bankruptcy in Florida . The bankruptcy debtor had been appointed as personal representative of an estate before he had filed bankruptcy. Estate ... Read full article

I have reported previously on this blog that Wells Fargo Bank often will freeze bank accounts of its depositors who have filed bankruptcy even if the debtor claims the money in the account as exempt property on their bankruptcy petition. Wells Fargo bank ... Read full article

Saw three couples this month who needed to file bankruptcy , because they were getting sued–garnished in one case–by the second mortgage after a short sale. It was surprising that they were surprised.   At the peak of the crisis, for or five years ago, ... Read full article