In the case of In re Bast , ___ BR ___, 2007 WL 1429481 (Bkrtcy.S.D. Fla.)(Friedman, J.) where the court found that the requirements for a technical abandonment of certain non-exempt real property were met and that it was therefore abandoned from the ... Read full article
Dragnet clauses are agreements in lending documents that the collateral will secure in addition to the involved debt, other pre-existing and after after acquired debt. ... 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 centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055. ... Read full article
In the case of In re Eagle , ___ F.3d ___, 2007 WL 2278902 (C.A.8(Ark.)), the court held that under the circumstances the Chapter 7 Debtor did not have a constitutional right to counsel. The Debtor had filed a pro se Chapter 7 case. As the Debtor failed to ... Read full article
In the case of In re Selinsky , 365 B.R. 260 (Bkrtcy.S.D.Fla.2007)(Ray, J.), the court dealt with a situation of five serial bankruptcy filings by the Debtor and her husband to stall a foreclosure of their real property. The mortgagee's motion for ... 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 centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055. ... Read full article
The Florida Third District Court of Appeals issued its decision in Capital Factors, Inc. v. Alba Rent-a-Car, Inc., et al., 32 Fla.L.Weekly D21070 (Fla. 3rd. DCA 2007) and held that an unconfirmed arbitration award qualifies as a "debt due" by the ... Read full article
In the case of Mario Amador, Case 05-44401-BKC-AJC (Bankr.S.D.Fla. April 29, 2008)(Cristol, J.), debtor allowed to modify chapter 13 plan to surrender vehicle. Creditor allowed to file unsecured deficiency claim. section 502(j). Section 502(j) controls the ... Read full article
It is reported in the media every day that many Miami and Broward homeowners are "upside down" or "underwater" with their homes. That is, they owe more on their mortgages than the value of the homes. Many homeowners financed their home ... Read full article
On July 6, 2007, the court in In re Electric Machinery Enterprises, Inc., ___ B.R. ___, 2007 WL 3031445 (Bkrtcy.M.D.Fla.)(Williamson, J.) issued its decision holding that unsecured creditors are not entitled to collect post-petition attorneys' fees, ... Read full article
The Bankruptcy Court in Miami previously issued its decision in the case of In re Maria D. Lopez , Case No. 08-18101- BKC - LMI ( Bankr . S.D.Fla. ... Read full article
In the pre-BAPCPA decision of In re Arispe , 289 B.R. 245 (Bankr.S.D.Fla.)(Mark, C.J.), the court held that a debtor who is a resident in Florida but not a domicile of Florida is entitled to claim the Section 522(d) federal exemptions as the Florida ... Read full article
On May 11, 2007, the court in In re Mazon , ___ B.R. ... Read full article
The case of Quartemont v. Commissioner , T.C. Summary Opinion 2007-19 (Jacobs, J.) illustrates the tax consequences of the settlement of debt at less than the full amount and specifically addresses the calculation of "insolvency" for the ... Read full article
Quality Engineered Installation, Inc. v. Higley S., Inc ., 670 So.2d 929 (Fla. 1996) resolved a conflict among the Florida District Courts of Appeal and held that an award of prejudgment interest merges into and becomes part of a single total sum adjudged ... Read full article
Making the Chapter 13 Plan Work ... Read full article
Bankruptcy Glossary A adversary proceeding A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. A nonexclusive list of adversary proceedings is set forth in Fed. R. Bankr. P. 7001. assume An ... Read full article
Chapter 13 Eligibility ... Read full article
The Chapter 13 Plan and Confirmation Hearing Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed. A plan must be submitted for court approval and must provide for ... Read full article
How Chapter 13 Works ... Read full article
