Florida Bankruptcy Legal Questions

Hi Larry, Bankruptcy can definitely help, although doing it without an attorney is very dangerous. If you have already been hired for your new job on the date your bankruptcy case is filed, then you must include the income you will be receiving as part of your budget.  Depending on how much you'll be earning and what your expenses are, you may or may not qualify for Chapter 7 at that time. Worst case scenario is you may need to do a Chapter 13 partial repayment plan if your income is too high. The only way to figure out the correct path to take is to have a consultation with an experienced bankruptcy attorney in your area.  Most offer free consultations and it may very well work out for you to file bankruptcy after you start your job, and you can use your new income to pay for your attorney. Good luck.   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 More

Bankruptcy is an available option.  You will be close to the opportunity to file a Chapter 11 again, but you can absolutely file a Chapter 13 and stop all of the harassment. It also sounds like some of the collectors are behaving in a manner that violates federal law and you can conisder reporting them to the Federal Trade Commission (FTC.GOV).  While it is nice to know you might be able to sue for remediens under the FTC rules -- it is a very few and far between occurrence that collectors are held accountable -- just get yourself back on the pathway to financial health.... Read More

This is all messed up according to you, a conspiracy between your attorney and the trustee and the attorney for the bank. In order to advise you correctly you will need to take all relevant documents to an experienced bankruptcy attorney in your area. You will not find adequate answers on the internet.... Read More

As to your first question, yes you can seek to reopen your case at any time to litigate the undue hardship issue on the student loans.  In other words, there is no specific time limit.  You just have to be able to prove undue hardship as that term is defined by courts in the jurisdiction where your case is filed. As far as the lawsuit, that is an asset which must be listed on your bankruptcy papers.  If you truly have no idea whatever about what it is worth, then just put unknown and provide whatever details you have to the Trustee (name/address of your attorney, or evidence you have, etc.).    If the exemption laws applicable in your case allow you to exempt an asset like that (usually via a "wildcard exemption") you may want to take it on that.  Your bankruptcy attorney can advise you on that. Since you mention that you can also lose the lawsuit, you should also list the other party as a possible creditor in your bankruptcy case, just to be safe. 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 More

That is certainly one option.  The only way to determine if it is your best option is to have a comprehensive consultation with a bankruptcy attorney in your area.  There is a lot to examine, including what alternatives you have to filing bankruptcy, your resources, and many others. Chapter 13 bankruptcy can also be used to both eliminate your credit card debts and get you on an affordable payment plan for your student loans. In any event, it is impossible to tell you whether it is a "good idea" for you to file bankruptcy without getting all the facts and going through a consultation. 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 More

You do not become responsible for your girlfriend's debt when you marry her if she has debt from her previous marriage.  She is responsible for her debt, and you are responsible for your debt.  If you jointly incur new debt after you get married, you will both be responsible for that debt.  Unless one of your girlfiend's creditors is suing you to try to collect her debt, it does not appear that you need any legal protection. ... Read More

The very best thing for you to do is to set up a conference with a local bankruptcy attorney. All of that debt will be wiped off the slate and you will get a fresh start. When you file a chapter 7 bankruptcy, a federal law comes into effect and creditors cannot sue you, or proceed with a suit that has already been filed, they cannot even continue to call you. Relief is available, and if you qualify you can file a chapter 7.... Read More