News Topic: TheFloridaBankruptcyLawBlog

A commercial contract cannot waive your right to file bankruptcy. A credit card company or a mortgage lender may not enforce a provision in their documents that states you are not permitted to file bankruptcy so as to disqualify your bankruptcy petition. ... Read full article

Most people filing bankruptcy understand that Chapter 7 bankruptcy will not discharge student loan debt. In fact, the bankruptcy law provides an exception to the general rule of non-dischargeability when the debtor can demonstrate that the student loan ... Read full article

The debt ceilings for Chapter 13 bankruptcy filings are increasing effective April 1, 2013. The new limits are approximately $,150,000 for secured debts and approximately $383,000 of unsecured debts. ... Read full article

Prior to his filing Chapter 7 bankruptcy one of my clients was victim of a home break-in and theft. Valuable personal property was stolen. A police report was filed. After filing the petition, the police recovered some property and the thief was ordered ... Read full article

One of my clients says his creditors have threatened to force him into Chapter 7 bankruptcy . The client is in default of a loan agreement over $1 million, but the creditor has not yet filed a lawsuit. The client’s recently purchased Florida homestead ... Read full article

Several bankruptcy courts in Florida have held that an income tax refund payable to a husband and wife from their joint tax return is considered to be tenants by entireties money which is exempt if one spouse files Chapter 7 bankruptcy . Now, one ... Read full article

A debtor who borrows money on credit cards in order to gamble the money may still discharge these credit card debts in Chapter 7 bankruptcy according to the court decision in  In re Rembert . ... Read full article

I have been asked more than once whether filing bankruptcy can adversely impact the debtor’s security clearance with a private business or government agency. Most creditor lawyers state that a bankruptcy actually improves security clearance. The typical ... Read full article

The bankruptcy stay stops all collection actions including court cases in which the debtor is being sued. If a bankruptcy debtor is a party to a state civil case where a judgment has been entered and the case is being appealed, does the bankruptcy stay ... Read full article

I was visited by a Canadian bankruptcy trustee vacationing in Florida who wanted to learn more about our bankruptcy system. Canada has the equivalent of Chapter 7 and Chapter 13 bankruptcy statutes. The main difference between their system and our own is ... Read full article

A debtor owes money to his parents, and his parents long ago recorded a mortgage on the debtor’s real property. The debtor was behind in the note payments to the parents. The debtor is concerned about that paying his loan to his parents would be an ... Read full article

Many of my Chapter 7  bankruptcy clients whom I represent in Orlando bankruptcy court reside outside the Orlando area. Some live near Jacksonville; others live close to Tampa. What choice do debtors have regarding their bankruptcy court? ... Read full article

Debtors living in homes with upside down mortgages can strip their second mortgages off their homestead in a Chapter 13 bankruptcy when their home is worth less than the first mortgage balance. What if the debtor does not have a second mortgage but owes ... Read full article

A caller this week was interested in filing bankruptcy but is concerned about preserving a valuable homestead owned free and clear. The caller stated that he had signed a contract to sell the house for about $500,000. He is concerned about protecting the ... Read full article

To qualify for filing Chapter 7 bankruptcy the debtor’s household income must be below the applicable median income, or the family expenses must offset income to the extent that the debtor passes the means test . Bankruptcy debtors do not have to pass the ... Read full article

Student loan debt is a substantial problem in our economy as many people have been unable to find employment after incurring large student loan liability. It is very difficult to discharge student loans in Florida  Chapter 7 bankruptcy. Most of my clients ... Read full article

In July, 2011, just after the her murder trial, I wrote a blog post suggesting that Casey Anthony should file Chapter 7 bankruptcy. As many of you have read in the news, Ms. Anthony has at last filed for bankruptcy protection. ... Read full article

I have received emails and phone calls from many of my recent Chapter 7 bankruptcy clients about their personal liability for homeowner association (“HOA”) dues. These former bankruptcy debtors are being told by their HOA that they owe past-due dues or ... Read full article