News Topic: SouthFloridaBankruptcyLawBlog

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In many cases, you can stop a mortgage foreclosure by filing for a mortgage modification under the HAMP program. The application for a mortgage modification can be filed directly with the mortgage lender or was part of a chapter 13 bankruptcy you may file. ... Read full article

The District Court for the Southern District of Florida, in the case of Carpenter v. Brown, 13-CV-61183-KMM (SD Fla. ... Read full article

Chapter 13 bankruptcy is often used to save a person's home or inv ... Read full article

Recent Developments in the Collection of Deficiency Judgments after Mortgage Foreclosure ... Read full article

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Assignment of Mortgage Promissory Note  ... Read full article

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The Bankruptcy Courts in Miami has recently started a new program to help people get a mortgage modification in your to help them save their home from foreclosure with the ... Read full article

On February 22, 2012, the 11th Circuit Court of Appeals issued its decision in Jennings v. Jennings , 670 F.3d 1330 (11th Cir. 2012).  The case involved the issue of whether debt arising from the debtor's active participation with a co-conspirator in ... Read full article

On May 31, 2013, the Florida Fifth Circuit Court of Appeals issued it decision in the case of Zlatkis v. All America Team Concepts, LLC  upheld the validity and enforcement of spendthrift trusts. In this case, a judgement holder attempted to enforce its ... Read full article

On June 27, 2012, the Florida Second District Court of Appeals issued its decision in Geraci v. Ems , 93 So. 3d 384 (Fla. 2nd DCA 2012).  The issue before the Court was whether a person's long-term leasehold interest in his condominium could qualify ... Read full article

The recent case of In re Bast , ___ BR ___, 2007 WL 1429481 (Bkrtcy.S.D. Fla.)(Friedman J.) dealt with a motion by a discharged chapter 7 trustee to vacate the final decree and his discharge as trustee about a year after the chapter 7 case was closed as a ... Read full article

Bankruptcy Judge K. Rodney May from the Middle District of Florida held that the equity passively resulting from market appreciation is not to be counted towards the $125,000.00 cap placed by 11 USC 522 (p) on a homestead exemption for property ... Read full article

In the case of In re Buonopane , ___ B.R. ____, 2007 WL 247888 (Bkrtcy. M.D. Fla.)Williamson, J.) the Bankruptcy Court for the Middle District of Florida held that the cap imposed by section 522(p) on the state homestead exemption that a debtor can claim ... Read full article

In the case of In re Foreman , 378 B.R. 717 (Bkrtcy.S.D.Ga. 2007) a wrongful death claim arose post-petition. The Court held this claim not to be property of estate as it arose post-confirmation and that a debtor has no ongoing duty to disclose assets ... Read full article