Florida Bankruptcy Legal Questions

Chapter 7 is a liquidating estate, and chapter 13 is a reorganization estate. In a 13 you have to come up with a plan to pay a percentage of what is owed over a 5 year period. In a 7 you do not. But you must be under the median income for the state and size of family in order to qualify for a 7.... Read Answer

If your landlord filed for bankruptcy, it may be possible that the Trustee in the foreclosure case asks that you send him/her payments instead of your landlord. If the property is in foreclosure, it may be possible that you receive a demand from the home owners' association or mortgage lender to make payments to them or the court. However, as long as you are making payments your rights to the property under the terms of your lease should continue to be honored under the protecting tenants at foreclosure act. Your landlord will also continue to be responsible for maintaining the property. Contact an attorney for more details that may affect your specific situation and your rights.... Read Answer

Yes.  Mortgage debts are dischargeable in bankruptcy, if that is your question.  As long as you're willing to let the property be foreclosed on, you can certainly get rid of any monetary obligations you have after the property is sold at foreclosure. Bankruptcy Attorney Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read Answer

If one spouse file for bankruptcy and the other spouse does not file for bankruptcy, there is no impact to the nonfiling spouse's credit report. People are always asking me about the impact of one person's bankruptcy on their spouses credit history report. Simply because you may have some bills, checking accounts or other types of financial interests that are joint, that does not mean that you share the same credit history. You may have some of the same account on both your credit history report, but this does not mean you share the same credit history. So feel free to file bankruptcy, it will not affect your spouse if they do not file for bankruptcy. This applies to chapter 7 bankruptcy, chapter 13 bankruptcy and all other forms of the US bankruptcy code. 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

Never ignore a Summons. You could have a judgment entered against you or other penalties for failure to comply with the summons. If the summons is inappropriate given your bankruptcy filing you may have rights to sue the party issuing the summons for violation of the bankruptcy rules and/or order.... Read Answer

Yes you may file for chapter 7 bankruptcy or chapter 13 bankruptcy, if either you or your spouse has income. Which chapter of the US bankruptcy code you can file under depends on what your total household income is. This is simple to determine simply Google the keywords bankruptcy home median income and the name of your state. This will tell you depending on how many people live in your household a husband wife and two children would be for people living in the household, this figure will let you know how much money the entire household can have an income and under which chapter of the US bankruptcy code you may file. And also both spouses need not file for bankruptcy, if one spouse has all the debt then only that spouse should file. 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... Read Answer

The condition of the car has absolutely nothing to do with the debt you still owe on the car. Whatever the debt you owe on the car you will need to pay that back to the car loan Bank or they will repossess the car. If they repossess the car and it is in bad shape like you're saying is they will get almost nothing from the auction and they will go after you for the remainder of the balance. You may attempt to work out this debt with them or you could file a chapter 7 bankruptcy to eliminate this debt. But all of the facts pertaining to the condition of your car have absolutely no bearing on the debt itself. 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... Read Answer

The vehicle will be sold at auction, most likely. No one gets any portion of any money back once the car is sold, if there is more money from the car after sold and was due on the loan then that money will go towards other bill that you had in your chapter 7 bankruptcy, such as credit card or medical bills. Once the trustee has it it's the trustees, they do not give it back unless they cannot sell it for enough money that will cover the loan or mortgage on that particular asset. In that case usually they will just allow the bank to foreclose or repossess the car or home. It's basically the same for a mortgage or a car loan, if they cannot get enough money to pay back the loan or mortgage and their trustee fee, they will kick the asset back to the owner and the bank will take it back for the owner. In no circumstances will anybody get any money from it regardless how much they paid. 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... Read Answer

If you are planning to file a chapter 7 bankruptcy, it is always better to do so before a foreclosure. Once a foreclosure happens they are tax ramifications that cannot be avoided within bankruptcy. But if you file for chapter 7 bankruptcy prior to the house actually being foreclosed and sold at auction you absolving yourself of repaying the debt and will not incur IRS tax ramifications on any deficiency between the foreclosure sale price and the amount still owed on the mortgage. You may use a chapter 13 bankruptcy to stop a foreclosure and also give you time to pay back what is owed and clear the lien. Or you may actually be able to strip the lien with a motion to avoid lien within bankruptcy. There are many options and you should contact a qualified bankruptcy attorney to file bankruptcy for you prior to foreclosure. 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... Read Answer

Yes, you can file Chapter 13 with any amount of regular income, so long as you can make a high enough monthly payment so your creditors receive as much as they would get in a Chapter 7 case, and those entitled to receive 100% payment will get that amount over the term of your plan (36-60 months).   Examples of debts required to be paid 100% are recent taxes, mortgage arrears, and any secured debts being paid in full during the plan term. You will need a bankruptcy attorney to successfully handle a Chapter 13 case, and they can give you more specifics on what your payment would likely be. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read Answer

The trustee would not even look at an asset and less it was owned by the debtor filing for bankruptcy. Many debtors prior to filing bankruptcy try to get rid of assets they have, such as automobiles by selling them to family members at a reduced price. This is considered fraud under the bankruptcy code and the trustee can take that vehicle even if you sold it and received money for. If you transfer any substantial asset for a certain time., Depending on the type of asset, prior to filing for chapter 7 bankruptcy, the bankruptcy trustee may and usually will go and take back that vehicle and the person who purchase a vehicle does not get money back in return. I always tell my clients to let me know about all vehicles that have been transferred and all real estate property has been transferred within the last 10 years. The trustee will not care about motor vehicles for a length of time that long, the only reason I ask is to impress the importance of the fact that the trustee will be looking for such transfers. Also I informed my clients that simply by them not telling me about it, does not mean the trustee will not find out. If you ever owned a vehicle and it was ever registered the trustee is going to know in about five minutes after they press the enter key simply by using your Social Security number. 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... Read Answer

This depends on if the car is in your name or your daughter's name. Many people put their cars under their name, for their children, for insurance reasons or for them to be able to be on the car loan. Usually if you have proof that your daughter made all of the payments, she is a primary on the loan and you are simply they are as a cosigner, most bankruptcy trustees will not take that vehicle. But technically on the bankruptcy law any asset which you have may be considered as an asset in your bankruptcy estate. If you are my client I would have you get all the original documentation demonstrating that you are simply a cosigner and not the real owner of the vehicle, this would be accomplished by having canceled checks from your daughters bank account which does not have your name on it demonstrating every payment made to the bank on that vehicle was made by your daughter and not by yourself. 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... Read Answer

Yes, you can convert to Chapter 13 assuming you are otherwise eligible for relief under Chapter 13. Chapter 13 has debt limitations of $383,175 for unsecured debt and $1,149,525 for secured debt. You must also have "regular" income to contribute towards a repayment plan. You will also have to pay out to your creditors at least as much as they would have gotten in the Chapter 7 case. You need to discuss your situation in detail with an experienced bankruptcy attorney in your area.  Chapter 13 is not a case you can successfully handle by yourself.  You have issues of fradulent transfers as well (on the vehicle), so that will need to be dealt with. Finally, the Chapter 7 Trustee may need to be compensated for the time and costs incurred thus far in your case, but an attorney in your area can explain that more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a bankruptcy attorney- Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read Answer

I am truly sorry to hear about your troubles, your story is certainly a difficult one to hear. But with that said, that has nothing to do with your debts and will not have any effect if you try to use that as a answer to the summons. That information would be most useful to you when they are determining how much money you'll have to pay per month. When it comes to credit card debt, unless you can prove that you never purchased any of the items that were used to raise the amount of your balance to $6000, you have no defense, and your personal hardships have absolutely no bearing on the case itself. If the opposing attorney finds that you have money or income, they will sue you or garnish your wages. It seems in the situation that you have before you, that filing bankruptcy seems like a very good solution to your issues. I suggest you find a qualified and experienced bankruptcy attorney and go over your entire case with them. 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... Read Answer

You may give back your car to the bank, but most likely they're going to just repossess it when you miss enough payments. The problem with this idea is that the car will go directly to auction, not back to the place you purchased it from. At auction it will be sold at a significantly reduced price to another car dealer so they can sell it for a profit. The difference between what you owe on your loan and what its sold at the auction will be a delinquency on your account. The bank will then go after you for that amount, which will be usually still about half the value or more that you all on the car loan. It will affect your credit report, but not in the same way that bankruptcy affects your credit report. Although many of my clients through a program that I offer have their credit reports back above 700 points in as little as two years after they receive a bankruptcy discharge, so bankruptcy is not the end of the world when considering your credit report. 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

If your mother was to pass away prior to completing her chapter 13 bankruptcy repayment plan, the bankruptcy will be dismissed if payments to not continue. Although you could be appointed power of attorney for your mother and also the executor of her will, this would allow you to have access to her money and continue to make the chapter 13 bankruptcy repayment plan monthly payments. But if your mother passes away and there is no way for you to make the monthly payments to the bankruptcy trustee, the bankruptcy will be dismissed and who ever holds the mortgage on the house will most likely foreclose on you shortly thereafter. 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

In order to determine whether you can file bankruptcy an attorney needs to know all about your financial circumstances. I doubt that the car is worth what you think it is worth. If you do not claim a homestead exemption, you get to claim up to $4,000 as exempt from the claims of creditors. If your expenses exceed your income, you are bankrupt, and as a single person with a dependent child, you can make up to a little over $50,000 per year and still file a chapter 7 bankruptcy. You must list all of your creditors in the schedules and all of your assets, what you owe and what you own. How much do you owe? That can be a deciding point. I charge $1500 for a chapter 7, and the filing fee just went up to $335. You must contact a consumer counseling agency before filing a bankruptcy, and you must take a course after you file in personal financial management. I hope this helps.... Read Answer