News Topic: TheFloridaBankruptcyLawBlog

People get excited about the prospect of cramming down mortgages on investment properties in a Chapter 13 bankruptcy. I received at least two calls this past week from people interested in using Chapter 13 to both strip a second mortgage on their ... Read full article

An attorney called me today to ask me about his client who had moved from Florida to Ohio a few months ago to take a new job and establish a new residence The same client still owned a piece of real property in Florida which was his former Florida ... Read full article

I have previously written posts on the subject of bankruptcy and employment. How bankruptcy can effect your employment depends upon whether you are concerned about a current employer or employment. The bankruptcy code clearly prohibits your present ... Read full article

One of my Chapter 7  bankruptcy clients rented a house under a one year lease. The lease expires at the end of August, 2011. The client filed bankruptcy in April, 2011. The client stayed in the house and paid rent for May, June, and July. He intends to ... Read full article

One of my new bankruptcy clients is a published author. His career stagnated. He piled up a large amount of unsecured debt to pay living expenses and keep his house. He just signed a substantial book deal to write a new book. His ship is not “in”, but he ... Read full article

Have you been jerked around by mortgage banks in court ordered mortgage mediation in Chapter 13 bankruptcy cases? Another local attorney spoke with me this week about how big banks are playing debtors and their attorneys in court ordered mortgage ... Read full article

Here is some interesting bankruptcy trivia discussed in a blog post by Oregon bankruptcy attorney Kent Anderson. The issue is whether an illegal immigrant can file bankruptcy in the U.S. One would suspect the answer is “no” for any number of reasons. ... Read full article

It’s getting to the point where you need a lawyer to buy a car for your child. This is certainly true for people who buy a car in their own name for their minor child to use. People consider the car be their “child’s car” not understanding that Florida ... Read full article

After reading and considering  my posts regarding legal issues in a Casey Anthony bankruptcy, an attorney sent me an email asking why O.J. did not file Chapter 7 bankruptcy. He asks why would bankruptcy work for Casey if it did not work for O.J. Chapter 7 ... Read full article

I wrote a blog post a couple weeks ago about Chapter 7 trustees who try to force debtors to pay money or give up title to their upside-down homestead properties which the debtors do not claim as exempt. ... Read full article

I have received several emails commenting on my post about the legal issues in the hypothetical, but probable, Casey Anthony bankruptcy. My earlier post said that the well-known facts provide a good discussion opportunity about many technical bankruptcy ... Read full article

I interviewed a married couple wanted to file joint Chapter 7 bankruptcy. Each spouse had separate credit cards and no joint unsecured debt. They have assets owed jointly free and clear of debt. My first thought was that their joint assets would not be ... Read full article

If I were a law school profession teaching an introductory consumer bankruptcy class I would consider the following question for a final exam: Would You Advise Casey Anthony To File Chapter 7 Bankruptcy? Assume That A Civil Jury Would Find Her Liable For ... Read full article

Many bankruptcy debtor misunderstand what it means to have their name on a family member's bank account.  I usually ask prospective debtors how much cash they have in their bank account. Often the client tells me that they have almost no money in ... Read full article

The Florida Supreme Court’s expanded debtor’s $4,000 wildcard exemption earlier this year giving debtors substantially more exemptions to apply to their cars and personal property. Any debtor who does not need to use their homestead exemption can take the ... Read full article

One of my bankruptcy clients owns an upside down investment property. The client listed the property as an asset with no equity and stated his intention to reaffirm the debt. If the trustee does not assert an interest in the property then the client will ... Read full article

Since the Florida Supreme Court liberalized the application of  the $4,000 wildcard exemption in February, 2011. The Supreme Court said that the wildcard exemption can be stacked upon the Constitutional exemptions for personal property and automobiles for ... Read full article

Kaufman, Englett and Lynd, PLLC (“KEL”) is a law firm that advertises mortgage foreclosure defense work, among other things. KEL decided to get into the bankruptcy business and is one of the largest volume filers of bankruptcy petitions in the Middle ... Read full article