Florida Bankruptcy Legal Questions

When you file for chapter 7 bankruptcy, all of your debts associated with the properties in question will be discharged. If your wife did not sign the note and the mortgage associated with the properties in question, she will not be liable for any of the debts on the property. That being said, she also does not have any rights to retain the property after they are foreclosed upon. After you obtain a divorce from your wife, she will have no issues with the banks going after her for mortgages and the debt associated to the mortgages for the houses or property that her name is on the deed. 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

Based on the facts you provided, it appears that the father will be responsible for half of the cost for these procedures. If you pay the entire amount, you should follow the language of your divorce decree in seeking reimbursement for the half. If he fails to reimburse you, you may take him back to court on enforcement.... Read Answer

Yes, burial plots located in one state can be taken by the bankruptcy trustee, in a chapter 7 bankruptcy, if the debtor does not have the ability to cover the debts and there is no exemption that covers the asset in question. The fact that the asset, in this case burial plots, are located in another state has no bearing on the issue. Bankruptcy is federal law and is covered by all states in the country. So if you are property located in one state and file bankruptcy in another state, the property located in the state you are not filing and is still subject to the bankruptcy that you filed in your state of residence. 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

I'm sad to inform you that your lawyer seriously lied to you. Chapter 13 bankruptcies last between 3 to 5 years, if you file two years ago that means you are still one year away from completing your plan and if you are two months behind on your mortgage your plan will be dismissed once a chapter 13 bankruptcy has been dismissed by the bankruptcy court, which it will be in this case as you are not making your monthly payment obligations, your case will be dismissed. I have no idea why he would say to you could walk away and have no monetary obligations. Most people use chapter 13 bankruptcy to save a home, which means payments must be made on the mortgage and Andy delinquency payments that are past due. If you are not meeting these obligations and your Chapter 13 case gets dismissed, the automatic stay of the bankruptcy court will and and you will be right back in the same situation you will before you actually file chapter 13 bankruptcy. I have no idea what he would tell you could still live there for 10 years not pay and just walk away with no legal or monetary obligations. Unless you are going to discharge the home in the chapter 13 bankruptcy, which is very unlikely, you will be in the same position as before you filed.    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 best way to file for bankruptcy would be to contact an experience bankruptcy lawyer and have them go over the entire process with you, it really is beyond the scope of answering the question online. The best time to file a chapter 7 bankruptcy would be as soon as you can afford it, the sooner you receive your bankruptcy discharge, the sooner your credit score will increase. If you are certain you will file chapter 7 bankruptcy, as in your case without any income chapter 13 bankruptcy is not an option, the sooner the better. 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

Your lawyer will not be paid her fees unless they were approved by the bankruptcy court.  As far as hiring a new attorney, I highly recommend it.  You might be able to find one who will take their fees from your monthly payments, but you may have to come up with some money from a third party to retain them.... Read Answer

As a long as the bankruptcy court has accepted your chapter 13 bankruptcy repayment plan, you should be able to keep your tax refund. If you have not filed your chapter 13 bankruptcy yet, then the bankruptcy court will consider your tax refund in money that you have, and may apply it to the repayment plan if they decide to. This question really relies on the fact of if your chapter 13 bankruptcy is already filed and if the court has accepted your repayment plan.   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

That is purely an issue of the laws of your state.  If Florida is a community property state (and I do NOT think it is), then your joint bank account would be protected by your discharge. If Florida is not a community property state, then they have the right to go after any assets of your wife (assuming they have a lawful judgment against her). However, you probably have an argument that you can make that some of the funds in the joint account belong to you and, to that extent, they have violated the post discharge injunction of 11 U.S.C. 524 (there is no more automatic stay once you receive a discharge). You should really consult with a bankruptcy attorney in your area to get more specifics on the laws in your state.  ... Read Answer

If your new husband is not in any type of financial distress, there is no reason for him to file bankruptcy. Simply because the two of you are married, is not something that is considered by the credit reporting agencies. Meaning if you have substantial debt, but your new spouse does not have any of that debt on their credit reports, then there is no reason for both of you to file for bankruptcy. Simply file chapter 7 bankruptcy, if you qualify, as they will consider the entire household income and there's a possibility that because you and your husband make too much money together you will have to file a chapter 13 bankruptcy. But there is absolutely no reason for both of you to file bankruptcy together if the debts are not joint accounts, meaning if the debts are not legally your new husband's debts, then is no reason for him the file. In the simple answer to your question this will in no way affect your new husband's financial situation or his credit score, it will only affect the person filing for bankruptcy.   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 have a second mortgage you have two options in bankruptcy court. If your first mortgage takes up most of the value of your house and the remaining equity is less than your Homestead exemption, you may file what is called a 522 motion to avoid lean and stripped the second mortgage from your property. This can be done in a chapter 7 bankruptcy or a chapter 13 bankruptcy. Chapter 13 bankruptcy will also allow you to be able to enter into mortgage modification mediation, this is another tool bankruptcy attorneys can use to help their clients obtain a mortgage modification. If the loan on your boat is up to date, then you should be fine in a chapter 7 bankruptcy, if the loan on the boat is behind, you will need to use a chapter 13 in order to save the boat.   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

I am assuming by the word partner, and that you mean that the two of you are not married. Therefore your partner's bankruptcy will in no way financially affect your financial situation. The main issue here is if your partner is on the mortgage that is attached to the property in question or if there is no mortgage at all on the property in question. If there is a mortgage on the property in question and it is up to date the bank who owns that mortgage cannot foreclose simply because your partner has entered into bankruptcy, especially if he is not on that mortgage. The fact that your partner is on the deed in question, does allow any lawsuits or any judgments or execution to be placed on your property in the form of a lean. But if your partner has filed bankruptcy prior to any lien to been placed on the house and the mortgages in good standing there will be no problems with your partner filing bankruptcy. The only possible problem may arise if the Homestead exemption laws in your state do not cover any liens that were placed on your property, as bankruptcy does not remove liens or security interest which is the collateral on a mortgage or loan. Basically if there is a mortgage on the property, the mortgages in good standing and there are no liens from judgments placed on the property, then your property should be fine from any of the repercussions of your partners bankruptcy.   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

Any type of legal action by yourself or the bank on a debt reset the stature limitations. Basically if the bank were to take you to court, that would reset the stature limitations. Since you included these debts and a bankruptcy, which is a legal proceeding, that debts would have the stature limitations reset at that point. Sorry to hear that your trustee did not make the payments on time and that your chapter 13 bankruptcy was revoked. 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... Read Answer

Your question is a bit vague. However, if you took a payday advance loan and then after receiving the cash benefit from Ameriloan intentionally took steps to prevent repayment under the terms of your agreement at minimum you may in breach of contract and if you originally took your advance with the intention of defrauding or otherwise having no intention of repaying that amount to Ameriloan then yes you may be liable for fraud as well.... Read Answer

 Garnishment is a legal order typically pursuant to a final judgment for collecting money judgment on behalf of a creditor from a debtor. In most cases, a writ of garnishment is served on the debtor's employer or financial institution ordering that a certain amount be withheld pending further order of the court.  Florida Statutes Section 222.11 exempts from attachment or garnishment by a creditor 100% of the “earnings” of an individual who is “head of family” unless a person has agreed otherwise in writing. An additional requirement in order for the earnings to gain this exempt status is that the earnings must be “credited or deposited in any financial institution.” If these requirements are met, the earnings will be “exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings.” If an individual is not a “head of family,” only 75% of the earnings will be exempt (assuming the other requirements are met).  Definition of Head of Family. The first, and more straightforward, issue to address is the definition of “head of household.” The Florida statute defines “head of family” as “any natural person who is providing more than one-half of the support for a child or other dependent.” The term dependent is not defined in the statute, however, case law has held that any moral obligation to support another may be sufficient to satisfy the “head of family” requirement. Given this broad definition, spouses, minor and adult children, parents, and other family members for whom you provide more than 50% of their support would clearly qualify as dependents. ... Read Answer

More facts are needed to answer this question fully. Basically the bank has no reason to foreclose if you continue to make the payments and are current. The property is still in your name most likely. Check the public records to make sure. If that is the case you can sell the property, but the first and second mortgages would have to be satisfied out of the sale proceeds.... Read Answer

Don't fret about it. I would suggest a face-to-face meeting so we can discuss your specific situation. I have successfully filed THOUSANDS of bankruptcies, so I know I can help you. I like to tell clients, "The road to Hell is a two-way street". Again, don't lose any sleep. With the right attorney, you will be just fine!... Read Answer