News Topic: SouthFloridaBankruptcyLawBlog

Under the federal bankruptcy laws, each state is allowed to choose which type of exemptions will be available to those who file for bankruptcy in its state.  Generally the choice is between allowing the use of the federal bankruptcy exemptions and the ... Read full article

In a case decided by a Florida Court of Appeals in 2012, the issue presented was whether a person's long-term leasehold interest in his condominium could qualify as a "homestead" exempt from forced sale under article X, section 4 of the ... Read full article

Article X, Section 4 (a) of the Florida Constitution provides for the Florida "homestead" exemption. This homestead exemption is in most cases available to those who file for bankruptcy relief in Florida. ... Read full article

Chapter 7 personal bankruptcy is generally used to discharge your dischargeable debt including credit cards, medical bills, and unsecured loans. ... Read full article

Well known cartoonist Charles D. Schultz was the creator of the Charlie Brown comic strip. A recent blog post article asks, "Did Charles Schultz coin the term 'security blanket?" What does this question about the coining of this term that ... Read full article

"Charlie" ... Read full article

On January 18, 2015, Fox Rothschild's Delaware Bankruptcy Litigation blog published a post ... Read full article

The Northern District of Florida’s decision in Brenner, et al. v. Scott, etc., 999 F.Supp. 2d 1278 (2014) about the constitutionality of limiting marriage only to between a man and a woman has been much in the news.  The Court makes on page 1290 ... Read full article

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A Florida homeowner with a mortgage foreclosure situation may be well advised to do a  "Cost- Benefit Analysis" based on present facts and circumstances. A "cost-benefit analysis" is often done by business to appraise the benefits and ... Read full article

The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   The Court certified the case to the Florida Supreme Court, where Bartram is already pending.  Beauvais, and similar ... Read full article

Although the December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case may seem like a cold dose of reality to some Miami homeowners, it is better regarded as a very timely "blessing in disguise."  The decision may ... Read full article

The issuance of the Third District Court of Appeals recent decision in Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. ... Read full article

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On December 17, 2014, the Florida Third District Court of Appeals issued its decision on a very important foreclosure issue in the case of  Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al.,  Case No. 3D14-575.  In this case, the Court ... Read full article

Last week, the United States Supreme Court granted the writ of certiori in the case of Bullard v. Hyde ... Read full article

Unless the Mortgage Debt Relief Act of 2007 is extended, distressed homeowner’s face the risk of the imposition of income taxes on the discharged mortgage debt upon a short sale, short refinance or foreclosure. ... Read full article