Florida Bankruptcy Legal Questions

If the vehicle is surrendered before you file bankruptcy, it is likely it will be reported as a respossession.  Once you file, it should then report as included in bankruptcy.   If you file and surrender the vehicle in the bankruptcy, it should not be reported as a repossession, but as included in bankruptcy.   Discussing this with an attorney practicing bankruptcy law in your state would be in your best interest, as there may be options to allow you to exempt both the house and motorcycle.  ... Read More

Your grandmother is still liable on the loan.  If you decide to surrender the vehicle, you discharge your own liability, but unfortunately, not your grandmother's liability.  If you decide to keep the vehicle and keep paying the loan, then the loan company will not attempt to collect against the grandmother as long as you are paying the loan.  You should speak with an attorney in your geographic area about this.... Read More

Good morning. I am sorry for the financial trouble you've experienced. Fortunately, a chapter 13 bankruptcy might help in your situation. Depending on the amount of the lien, you might qualify for a payment plan to repay the IRS debt during your case. Credit cards and many other debts may also be included.  A chapter 13 repayment plan typically ranges from 3 to 5 years.  They are complex, so you will need a bankruptcy attorney to sit down and assess the overall feasibility of your options under the bankruptcy code.  Regardless of whether you file bankruptcy, I hope things improve for you.  Best of luck to you and your family. ... Read More

Under 1128 U.S.C. 1408, you should be domiciled in the state where you wish to file. Normally, this means you should reside in Florda for at least 180 days before you file for bankruptcy.  However, there are exceptions, some of which are discussed in Section 1410.  Therefore, you should likely contact a bankruptcy attorney, discuss your situation, and determine whether you qualify under an applicable exception.  Most bankruptcy attorneys offer free consultations.  I hope you obtain answers soon, and I wish you the best of luck!... Read More

Mr. Coachman, Yes, generally speaking, one spouse may file for bankruptcy without the other being forced to file.  However, the court will likely review the income and assets of both spouses, especially when determing whether the spouse who is filing can qualify under any applicable means test. Also, keep in mind that debts and obligations that were guaranteed by the non-filing spouse will likely not go away. Therefore, if you co-signed for your spouse's loan and they file bankrupty, they may have the debt forgiven by the bankruptcy court, but you would still be liable for the payments. The same goes for any other obligations the non-filing spouse committed to pay in conjunction with the spouse who is filing bankruptcy.  ... Read More

Yes, unemployment income is generally considered income for bankruptcy purposes.  The stimulus payment is more complicated.  If you have already hired an attorney, you should speak with your attorney about these questions.  If you have not yet hired an attorney, you should speak with one in your geographic area.... Read More

We are one of the few firms in Florida that will file a Chapter 7 bankruptcy with no money down. Further, your IRS tax debt may be discharged so long as the tax is three years or older, and that you filed your tax returns on time or within 240 days prior to filing a bankruptcy and the IRS has Assessed these taxes. I hope this helps. Good luck!... Read More

You can, but it probably will not accomplish what you expect.  Corporations can file either Chapter 7 or Chapter 11 bankruptcy.  Chapter 11 is used to reorganize debts and stay in business.  Chapter 7 would be used to go out of business and have a trustee liquidate any assets of the corporation to pay its creditors whatever is available.  However, corporations do not receive a discharge of debts in a Chapter 7 case, so it is never really necessary to file a Chapter 7 for a corporation except to take away the responsibility of the corporate officers to sell the assets and pay the creditors.     The real issue in 99% of these types of cases are the personal guarantees and personal liability of the corporate officers.  If they are liable for any of the corporate debts, they are going to be liable regardless of whether the corporation files a bankruptcy case (unless, of course, the corporation pays 100% of the debt somehow).   So usually it is a personal/individual bankruptcy case that is warranted rather than a "commercial bankruptcy" as you stated.   ... Read More

You can dismiss a Chapter 13 case at any time.  Of course you have to file the correct forms to dismiss the case and comply with the rules of your local bankruptcy court.    Most likely your case will be dismissed automatically if you do not go to the 341a meeting, but I advise against dismissing that way because there could be repercussions, including a prohibition on re-filing later.  A lot depends on how the courts in your district handle these things.   Hopefully you hired an attorney to represent you on this.... Read More

If a person is not a personal guarantor and no personal benefit was received then most likely no - the bank cannot prevail going after personal assets. If the bank took funds from your personal account without authorization you may have a cause of action against them. Contact an attorney to discuss the specifics of your case.... Read More

No one is responsible for someone else's debt. You would only be responsible if you cosigned for any debt incurred. However, his estate may be responsible. Any assets he owned at the time of his death could potentially be used to pay bills. If your assets were intertwined with his, you may want to speak to an attorney to clarify what assets need to be probated and what may be subject to his medical bills.... Read More

You should contact an attorney immediately. A debt collection company may not threaten somebody with a warrant for arrest for a debt. Debt is a civil matter and someone cannot be arrested for owing money. If this happened the collection company is violating the law and you may be able to sue them!... Read More

There is no law that says if something has been in your possession for 30 days it is yours - in any state. If it is not yours it is not yours. To answer your question though, no - a gift is a gift. There are rare exceptions like conditional gifts such as engagement rings which are gifts conditional on marriage. If he says they were not gifts and you two had agreed to split costs for tickets or some other costs or "gifts" then there is an issue of fact where if he sues, he would have to prove to the court it was not a gift.... Read More

I suggest you alter his 'bottom writing' to indicate 'not' accepting final payment. You are not altering a signature or the payee, and you can always endorse on the back by writing parenthetically 'not final payment'. Then go for it. Worse case scenario, a dispute regarding what's owed ends up in mediation or court. ... Read More

Likely a small claims court claim would be best to avoid hardship cost . You can prove a verbal contract. His promise to pay you back for the use and charges on your credit card. You did not report the card stolen nor used without authorization and this supports your expectation of being paid back.... Read More

It is best to contact an attorney directly about his specific circumstances, but being "responsible" for the debt and being required to pay it are different things. Even if the credit card company were to spend the time and money to bill him, file suit against him, get a judgment and then try to go after him for the money. they likely wouldn't be able to collect a penny if he is only on a fixed income and has no significant assets. State and federal laws protect certain income and assets from garnishment from creditors.... Read More

Rent-a-Center cannot issue a warrant. However, whether you are in in breach of your contract requires a review of the terms of the contract. If they are threatening to have you arrested for something they may be in violation of creditor/collection laws. Speak to an attorney today as you may be entitled to sue them!... Read More

This has the feel of a common scam perpetrated against innocent individuals. Do you have any knowledge regarding the loan or is this the first time you have heard of it? Obtain verification of the debt before paying anything. They are required by federal law, after written demand, to provide verification of the debt. Even then I would not make a payment as this does not appear to be a legitimate debt collection agency / law firm. Even in the letter they have violated the Fair Debt Collection Practices Act.... Read More