Florida Bankruptcy Legal Questions

You don't state it, but I'm going to assume you are asking about your options in a Chapter 7 case, since you mention "redemption" of the vehicle loan. I'm not completely sure I understand your question, but you have the ability, pursuant to section 722 of the Bankruptcy Code, to redeem a vehicle by paying in a lump sum its fair market value (presumably as of the filing date of your bankruptcy case, but courts in your area may define a different date, such as the date of the hearing on your redemption motion). You have to file a Motion to approve the redemption, and you have to establish the current fair market value of the vehicle.  Most courts use the NADA or Blue Book private party values minus an adjustment amount, and some use the trade-in value, but you need to know what the specific judge in your case requires.   This is yet another reason to have an experienced bankruptcy attorney representing you. You don't provide any information on how much is owed on the vehicle, but as long as the above value is less than what you owe, and you can come up with the funds to do the redemption, it may make sense in your case. 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

Support obligations are not dischargeable in bankruptcy. You do not have to do anything except that if he misses payments perhaps file a motion for contempt. The life, medical and dental insurance obligation is directly related to support and if he fails to maintain those policies, he can be subject to contempt.... Read More

Not only does Chapter 7 and Chapter 13 protect you from collections of a "past debt", it ONLY protects you against past debts.  If a bankruptcy case could protect against future debts, then we'd all file a bankruptcy when we were children and then do nothing but incur debt the rest of our lives without having to repay. 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

Most bankruptcy courts would find that to be a collusive divorce that resulted in a fraudulent transfer, unless Lawrence received "a reasonably equivalent value for the transfer of his assets. What did she give in consideration? Was he insolvent or did the transfer render him insolvent? Highly unlikely that the transfer would pass muster.... Read More