TheFloridaBankruptcyLawBlog

Joint Tax Refunds Exempt Entireties Assets in Bankruptcy

01/09/13

Federal courts have permitted the IRS to levy upon a Florida taxpayer’s entireties account to collect taxes owed by one spouse filing an individual tax return. The entireties exemption does not protect the married taxpayer from the IRS. Does it follow that a joint tax refund from the IRS is also not protected entireties property in bankruptcy?

[more]

Need To Provide Accurate Creditor Addresses in Chapter 7 Bankruptcy

01/02/13

Almost every day I receive a communication from the bankruptcy court that a Notice of Commencement form in one of my clients’ bankruptcy cases was returned for an incorrect address. That creditor has not received notice of my client’s Chapter 7 bankruptcy filing. Does it really matter if a debtor does not provide his attorney an accurate creditor address?

[more]

How To Handle A Surviving Tax Lien After Chapter 7 Discharge

12/26/12

Old taxes may be discharged in Chapter 7 bankruptcy, subject to several conditions. Sometimes my bankruptcy clients contact me after they received their discharge and complain that there is still a tax lien on the title to their home even though they understood that the bankruptcy would discharge their IRS debt. Why is there still a tax lien if their taxes were discharged.

[more]

Chapter 7 Trustee Cannot Force Liquidation of Valuable Debtor’s LLC Interest

12/10/12

Most http://www.alperlaw.com/bankruptcy/chapter-7-bankruptcy/ ">Chapter 7 bankruptcy debtors do not own investment interests in limited liability companies. People who file bankruptcy have either liquidated all investments or do not have money to invest in business.

[more]

Conversion To Chapter 7 Bankruptcy Free From Means Test

11/27/12

A debtor files a Chapter 13 bankruptcy and makes plan payments for several months. Then, the debtor loses his job and is unable to make the Plan payments. The debtor files a notice of conversion to Chapter 7.

[more]

Who Is Liable on Your Credit Card Debt? Applicants vs. Users

11/20/12

There are two types of “people” in the credit card world that are frequently confused. These people are the “co-applicant” and the “authorized user.” Client I encounter in Orlando, Florida, often ask me if they are personally liable for someone else’s credit card when they have themselves previously used the card. In bankruptcy, if a debtor is legally liable on someone else’s card is important to know in order to list the card as a debt and name the primary owner as a co-debtor.

[more]

How To Avoid HOA Dues And Other House Expenses After Filing Bankruptcy

11/15/12

As mentioned in prior blog posts, some Chapter 7 bankruptcy debtors who intend to surrender and move out of their upside down homes are incurring personal liability for home related expenses incurred after their bankruptcy filing.

[more]

Immigration Support Affidavit Not Dischargeable in Bankruptcy

11/12/12

Chapter 7 bankruptcy debtors may not discharge certain debts including debts related to alimony, child support, and other domestic support obligations. In almost all instances domestic support obligations arise out of a civil divorce proceeding. A recent Orlando bankruptcy case considered domestic support obligations based upon an immigration matter which was litigated in federal district court.

[more]

Orlando Bankruptcy Attorney Files Personal Chapter 7 Bankruptcy: Why?

11/06/12

The Orlando Sentinel reported that a founding partner of one of Orlando’s most prolific bankruptcy law firms himself filed personal Chapter 7 bankruptcy on September 7, 2012. The bankruptcy debtor, Carig R. Lynd, was a found of Kaufman, Englett & Lynd (KEL).

[more]

Points Guy Explains Credit Scores

11/01/12

Many of my clients ask me how their situation and my proposed solutions will affect their credit score. One of the best explanations of credit scores I’ve seen is in a post on a travel blog called The Points Guy.

[more]