Florida Bankruptcy Legal Questions

The loan company is not the Florida Department of Highway Safety and Motor Vehicles. The loan company does not issue and has no authority to unilaterally revoke a driver's license. If a loan company calls and threatens certain actions it may be possible that they are violating collection laws. Contact an attorney to discuss your rights.... Read Answer

Yes, you can refinance your home after you file either a chapter 7 bankruptcy or a chapter 13 bankruptcy. Of course your credit will be affected for approximately 10 years, and this may affect your ability to refinance, but it cannot prevent you from refinancing. The bankruptcy code does not allow anyone to discriminate against you for the fact you file bankruptcy. Although this does not mean you will have the credit score or the income to obtain a refinance for your mortgage, but they cannot discriminate against you and deny you are refi simply because you have file bankruptcy. Do not get me wrong it is more difficult after bankruptcy to refinance, but not impossible my law office we offer a service that will allow you to get your bankruptcy score above 700 within two years after being discharged from either chapter 7 bankruptcy or chapter 13 bankruptcy. This will allow you to refinance your home or to purchase a car or get credit such as credit cards even after you file for one of the two forms of bankruptcy, that are usually used by consumers. 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

The automatic stay of a chapter 7 bankruptcy will protect you from being evicted as long as your landlord did not obtain a judgment for the possession of the property prior to filing a chapter 7 bankruptcy. If you bring your bankruptcy filing notice to the court, explained to them that there is a chapter 7 bankruptcy (the automatic stay protects you from any eviction proceedings that shall be all you need. It sounds to me like you may have tried to do this yourself without the use of an attorney, an attorney should have put your landlord on your bankruptcy petition which would've given him notice of the bankruptcy. Your landlord may go to bankruptcy court and file a motion called a relief from stay, which basically remove the automatic stay to allow him to evict you. The vast majority the time the courts will allow these motions and you will be forced to leave. The chapter 7 bankruptcy does offer you some protection, but as you continue to acquire debt after that date you file the bankruptcy, the court does not protect of those future debts and will take that into account in allow your landlord the relief from stay to evict you. 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

Your questions asks "if I have title," but then say you have no vehicle in a two car trade where she took the car "that is in her name"? Which is it is: do you have title or does she? If title to the car is in your name it is yours. If not the car is hers then you cannot take the car. However, if she is not making payments and you are making them because the car loan is secured by your car, you may be able to sue her for the money.... Read Answer

Great question.  Hiring a bankruptcy attorney is just as important as selecting a good doctor or surgeon and there are many things you can do to help ensure you get a good one. My article on How to Choose a Bankruptcy Attorney should provide you with some good questions to ask as well as items to research on your attorney.  ... Read Answer

As long as the landlord has an ownership interest in the property, he/she has the right to rent the same. The mortgage would not be discharged in the bankruptcy because it is secured by the property. The terms of the mortgage may change but the landlord still have to pay the mortgage or return the property. If there is a foreclosure, then the landlord still has title until the redemption period runs (usually 6 months).... Read Answer

The first thing to note is that a quit claim deed only transfers title to another, it does not transfer the mortgage. If the terms of your divorce judgement were that your ex was to refinance the loan and assume all dept on the property, you should petition the court that granted the divorce to enforce this portion or hold your ex in contempt. I am not sure what the modification was, but if the modification took away any of your rights than you certainly have a claim. You would want to contact an experienced family/real estate attorney in your area to help you handle this as expeditiously as possible and to ensure that your ex's actions don't have any effect on your financial situation.... Read Answer

The bankruptcy trustee may still own the right to collect the rent, so you may need to speak with your bankruptcy attorney right away. If you do not have one, you need to consult with one immediately. Otherwise, you will need to evict your tenant for non-payment of rent. You will first need to post a three day notice of intent to pay rent. If the tenants do not comply after three (3) days then will need to file for eviction with your local courthouse. With regard to the lot rent, you may be still be responsible for it depending on whether or not you assumed or rejected your lease for it.... Read Answer

Your wife certainly could file bankruptcy now, although your income would have to be included in her Means Test and might impact her Chapter 7 eligibility. While the fact pattern set forth does not reference this, things could get a little dicey if (1) a matrimonial agreement or divorce decree called for or required your wife to "indemnify and hold harmless" the ex-husband from this debt, and (2) the ex-husband files an Adversary Proceeding in your bankruptcy seeking a declaration that said credit card debt should not be discharged. If this occurs, the ex-husband should prevail and the Bankruptcy Court should determine the debt to be non-dischargeable. Not surprisingly, I have not seen any reported cases dealing with the scenario where the ex-spouse did not file an Adversary Proceeding, but I suspect that the result would be the same. You should fully discuss this matter with competent bankruptcy counsel.... Read Answer

It all depends on a few factors, the first being is the LLC a single member LLC, meaning you are the only owner. The next question would be is what assets does the LLC own. If you are the only owner of an LLC in the LLC has substantial asset, then the bankruptcy trustee may see those assets to cover the debts of your bankruptcy. This would most likely happen if your LLC was not your only form of income. You should speak to an experience bankruptcy lawyer. 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

Yes, you can file for chapter 7 bankruptcy or chapter 13 bankruptcy while going through a foreclosure. In fact if you do not plan on keeping the home, you should certainly file chapter 7 bankruptcy prior to the foreclosure sale date occurring. The reason for this is you may be assessed delinquency payments if the foreclosure sale price of the house is less than the mortgages and liens remaining on the house. The reason for this is after your foreclosed upon and lose your home, the bank and lien holders can still go after you for any delinquent sums of money that were not covered under the foreclosure sale. 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 www.botelholawgroup.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