TheFloridaBankruptcyLawBlog

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 supposed to file a supplemental statement of compensation within 14 days. Many attorneys do not strictly follow these rules. Frequently, attorneys neglect to file supplemental fee statements during complicated bankruptcy cases where clients pay for additional services after the case is filed.

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.

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 partnership. Because Florida does not recognize same sex marriages these couples have to find their own paths to estate planning and debt planning. 

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. 

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 lien. The lien gives the creditor a right to receive any distributions of money or property from the LLC to the debtor member.