News Topic: TheFloridaBankruptcyLawBlog

People often want to know what to look for when selecting a bankruptcy attorney in Orlando. Most posts on the internet advise prospective debtors that in terms of advice and results they will “get what they pay for.” In other words, the writers suggest ... Read full article

Since a May, 2012, court opinion was issued   Chapter 7 bankruptcy debtors became eligible to strip a wholly unsecured mortgage on their primary residences. ... Read full article

I read an article in Forbes online which discusses a bankruptcy case that set aside several fraudulent transfers. The case illustrates why debtors with asset should avoid filing bankruptcy. ... Read full article

Where may a business file bankruptcy? The president of a small family business based in Georgia called me to ask whether his business could file a Chapter 11 bankruptcy in Florida. The business was a Georgia corporation with offices in Atlanta, Orlando, ... Read full article

Bankruptcy debtors use their $4,000 wildcard exemptions most often to protect cars. The debtor can apply the wildcard only to cars in the debtor's name. For example, if a married couple is considering Chapter 7 bankruptcy and both of the ... Read full article

Chapter 13 bankruptcy  offers debtors the opportunity to strip off a wholly unsecured second mortgage on their primary residence. Most courts have held that debtor’s mortgage is stripped from his house when he completes the Chapter 13 plan and gets his ... Read full article

One of my Chapter 7 clients has an interesting living situation. The couple sold their home when the husband retired and purchased a motor home. The  motor home which can park on a rental lot and hook up to utilities. This couple volunteers for the State ... Read full article

People often buy cars for their children or for an elderly parent. When they do so, some of these people  put their own names on the car title to get lower insurance rates or to reflect their own contribution to the purchase. Sharing car titles with a ... Read full article

Real estate investors and some bankruptcy trustees are looking for ways to make money off your upside down homestead. Many Chapter 7 debtors with upside down homesteads do not utilize their homestead exemption on their bankruptcy petition because there is ... Read full article

Bankruptcy attorneys are required to file a statement of compensation for each bankruptcy case. The statement discloses all forms of past, present, and future compensation. If they charge a client additional fees after the case is filed the attorney is ... Read full article

As the real estate market begins its recovery some real estate investors are showing an interest in acquiring houses involved in bankruptcy. One of my clients filed a joint Chapter 7 bankruptcy and indicated he would surrender his interest in his upside ... Read full article

A common question during a pre-bankruptcy meeting with a bankruptcy client is whether a debtor can incur any new debt between the time he first meets his bankruptcy attorney and the filing date. The answer has two parts. ... Read full article

The means test allows debtors an deduction and income offset for secured debt payments. The greater amount of monthly secured debt payments the more likely a debtor is to pass the means test. One of my bankruptcy clients  suggested increasing his secured ... Read full article

I was reading post on a Florida domestic partnership law blog which brought to mind the fact that I have represented several bankruptcy debtors who are part of same-sex couples. These debtors typically are living together in some form of domestic ... Read full article

Richard Burnett , financial writer for the Orlando Sentinel quoted me in this front page article published May 17, 2012, about the decreasing number of bankruptcy filings. ... Read full article

A new court decision by the Federal Appeals Court for 11th Circuit makes it easier people to get rid of their second mortgage on upside down real property through bankruptcy.  ... Read full article

Here's an interesting bankruptcy court decision about stripping down a partially unsecured mortgage on an investment property in a Chapter 13 case. ... Read full article

A debtor’s LLC membership interest is treated differently in state court collection proceedings than it is in bankruptcy. In state court collections a judgment creditor’s remedy to execute a judgment against a multi-member LLC is limited to a charging ... Read full article