Florida Bankruptcy Legal Questions

There is a wide range, and you get what you pay for.  You should find a lawyer who practices all chapters, or at least 7's and 13's.  A competent practitioner will generally required between $1500-$2500 depending upon the complexity of the case and the chapter.  Most competent lawyers will "flat fee" the core elements of the filing. ... Read Answer

If it was truly discharged that is a violation fo the automatic stay and you can go to BK court to sanction them.  YOu need to be careful though because many types of debt owed to the State of Florida would be Non-Dischargeable priority debt.     YOU WILL NEED TO CONSULT A LAWYER to analyze the obligation and why it is not being considered discharged, as well as if you have the right to pursue sanctions.... Read Answer

Unfortunately in FLorida, the judges have concluded that student loans are simply NEVER dischargeable.  There are subtleties in the law, and other judges in other states have allowed discharge.  But not here.  Staying in a Chapter 13 bankruptcy can protect you from penalties and collections efforts, but interest still accrues.  If you filed a Chapter 7 you are still on the hook for the obligations. If you did file a Chapter 7 - you may wish to file a Chapter 13 just to protect yourself from the student loans.  ... Read Answer

As it turns out, no.  There is a problem in the way the HOA lawyers are doing this.  The debt owed to the HOA is always assocaited with the house, but it is not in personum to you --  The lien provides the HOA with the right to collect NOW, which is a violation of your Bankruptcy discharge.  It leaves them without a way to perfect the obligation that runs with the land.   You should consult with your lawyer about filing a motion for sanctions.  We just filed one on behalf of one of our clients.  ... Read Answer

Of course you can file a BK - it is simply a matter of figuring out the best chapter to file under.  Protected retirement assets count towards the calculation of the means test.  This suggests that you might end up over the limit for a Chapter 7.  If this is the case, we would simply put you in a very Low payment Chapter 13, get you free of your debt and make it very affordable for you.  In a Chapter 13, the retirement does not count towards the determination of your payment, so you will be able to get out of debt for almost nothing. ... Read Answer

I assuming you are interested in knowing if the new debts can be included.  The truth is that they can't.  But you are fortunate that you can easily dismiss the current case (the benefits of filing a chapter 13) and then refile later when you are ready.  Normal prejudice period is six months.  You may ask the court to allow you to refile more quickly than that. ... Read Answer

If you have a debt for "fraud" you can seek to have that debt declared Non-Dischargeable by the Bankruptcy Court.  Unfortunately, this requires a few steps.  The starting point is the actual Judgment you received.  Did it include findings that the Debtor committed fraud?  How much of your damages were associated with Fraud?   Unfortunatley, more often than not, the state court judgment is not clear.   This will cause some challenges.   In general, there may need to be a lawsuit in bankruptcy to have the debt declared non-dischargeable under 523(A)(4).  You will be suing to prove the exact nature of the debt and how much will survive the bankruptcy.  If it was 100% clear, you will likely find that Debtor's counsel will be working with you to get to a stipulation that addresses this issue.   This is a VERY DIFFICULT process to do without an attorney.  Especially because the bias in Bankruptcy court is that the Debt will not survive discharge.     ... Read Answer

You cannot be arrested for not paying your bills. Debt collectors may not threaten you with jail or arrest for failure to pay debt. It may be possible you have a cause of action against the creditor or debt collector for harassment and violations of Fair Debt Collection laws. Contact me or another attorney to discuss your rights more fully and your options to take the offensive and sue them, clear the debt, and repair your credit.... Read Answer

Well the bankruptcy court can order that the property be sold, but until the bankruptcy concludes, I doubt that any state divorce judge will touch this issue with the proverbial 10 foot pole. Some bankruptcy trustees have gone into the real estate short sale business and are using the proceeds to pay debts.... Read Answer

Prior to the bankruptcy code amendments in 2005, a Debtor could obtain a Chapter 7 discharge more than 6 years after a prior Chapter 7 case was filed, and a Chapter 13 discharge any time after a Chapter 7.  The amendments extended that waiting period to 8 years in the case of a subsequent Chapter 7 and 4 years in the case of a subsequent Chapter 13.   Additionally, the amendments created limitations on the automatic stay that normally exists upon filing a case.  The Stay is only in effect for 30 days after filing, if a second case is filed within one year of a prior case being open.  There is no Stay upon the filing of a third case in that one year period.  The second filing stay may be extended and often is.   It is also possible to seek imposition of the Stay in a third case but it is a very difficult burden to meet.   Based on your facts, you are not eligible for any type of discharge for at least 4 years after your last one.  However, if the proposed new case is purely to cure a secured default such as mortgage arrears, that is permissible with the limitations previously discussed regarding the Stay.  ... Read Answer

You can always try to negotiate with creditors for a discount or a longer period of repayment. But a bankruptcy can be more economical in the end, since it forces your creditors to accept little or nothing. Consult an experienced bankruptcy lawyer and see what she or he has to say. Good Luck.... Read Answer

As long as your mortgage payments are up to date, your home will not be in danger in a chapter 7 bankruptcy. As you do not own the home, the bankruptcy trustee cannot liquidated to cover your debts. So in fact having a mortgage is a form of protection within bankruptcy, as you don't actually own the property, the bank does. Make sure you keep your mortgage payments up to date prior to filing bankruptcy in the house will be fine. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://www.fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

This is a great question, which also is applicable to people who own a house, not just a condominium. The first situation we must address is ownership of the premises and debts associated with the ownership of said premises. When you file a bankruptcy and include your house or condo, this will remove your obligation to pay the debt, but does nothing pertaining to ownership. What I mean by this is, you will no longer have to pay the bank, but you still own the property, until the bank forecloses. Most people think that if they include their home in their bankruptcy, they are not responsible at all for the home after the bankruptcy, this is simply not the case. In the situation we're discussing, we're talking about a condominium and homeowner association fees. You may discharge the HOA fees accrued prior to filing the petition, HOA fees which accrue after the filing of the petition, up until the lender forecloses on your property are never included in your bankruptcy. Let me make this perfectly clear, from the day you file your bankruptcy you can wipe out the HOA dues up till that point, the dues that are due after that point are not included in the bankruptcy and start racking up again. Also the bankruptcy does not remove the condominium from your possession, so you are responsible for all taxes, insurance and everything else on that property until it is foreclosed. The short answer to your question is the HOA dues from after the day you filed your bankruptcy petition, until the day the house is foreclosed at a foreclosure sale, you are responsible for all of those dues, all of the taxes and/or the insurance until that point. If you choose not to pay the insurance, most likely your mortgage company will put insurance on the property, but they can come after you later for it. The same thing applies to a house, until the bank forecloses your responsible for everything. In any bankruptcy, only debt accrued up until the day you file are included, you cannot include debts that occur after the date you file your bankruptcy petition.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

Pay the bill or return the merchandise. You cannot keep the collateral of a secured debt, such as: car, home or rented furniture.  If you purchased the furniture with a credit card, then you could keep the furniture, as it's an unsecured debt.  But with rented furniture, you don't own the furniture, you are renting and have no rights once you stop making payments. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

You should consult with a professional.  A competent bankruptcy attorney will ensure that you NEVER have to surrender assets unless you wish to.  There are rules.  Bankruptcy is actually an acceleation of creditor rights, we are identifying "non-exempt" property that might be available to creditors and protecting it either by the choice of chapter, or potentially redemption.  You have the right to manage your exemptions in a way that supports the goal of minimizing the availability of money to creditors. At first blush, the house is fine, the 2nd may not be.     Depending upon the equity available, you may wish to choose a Chapter 13 filing which will ensure nothing gets taken.  REmember if you submit to a Chapter 7, you are stuck with the result, a chapter 13 gives you flexiblity and power and leaves you in control   ... Read Answer

The simple answer is yes, if you're ex wife files for bankruptcy on a debt that you jointly held and she gets discharged the lender can come after you for the money. That being said, if you on the debt most likely, regardless of the filing of bankruptcy by your ex they will still come after you. In situations of divorce where joint debt is considerable, it is always advantageous to the clients to file bankruptcy jointly prior to receiving your divorce. This saves on filing fees legal fees and handles both people within one case.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer