All items from The Florida Bankruptcy Law Blog

Where may a business file bankruptcy? The president of a small family business based in Georgia called me to ask whether his business could file a Chapter 11 bankruptcy in Florida. The business was a Georgia corporation with offices in...



Posted 2 years 6 weeks ago

Bankruptcy debtors use their $4,000 wildcard exemptions most often to protect cars. The debtor can apply the wildcard only to cars in the debtor's name. For example, if a married couple is considering Chapter 7 bankruptcy and both of the...



Posted 2 years 8 weeks ago

Chapter 13 bankruptcy offers debtors the opportunity to strip off a wholly unsecured second mortgage on their primary residence. Most courts have held that debtor’s mortgage is stripped from his house when he completes the Chapter 13 plan and gets...



Posted 2 years 8 weeks ago

One of my Chapter 7 clients has an interesting living situation. The couple sold their home when the husband retired and purchased a motor home. The motor home which can park on a rental lot and hook up to utilities....



Posted 2 years 9 weeks ago

People often buy cars for their children or for an elderly parent. When they do so, some of these people put their own names on the car title to get lower insurance rates or to reflect their own contribution to...



Posted 2 years 10 weeks ago

Real estate investors and some bankruptcy trustees are looking for ways to make money off your upside down homestead. Many Chapter 7 debtors with upside down homesteads do not utilize their homestead exemption on their bankruptcy petition because there is...



Posted 2 years 11 weeks ago

Bankruptcy attorneys are required to file a statement of compensation for each bankruptcy case. The statement discloses all forms of past, present, and future compensation. If they charge a client additional fees after the case is filed the attorney is...



Posted 2 years 13 weeks ago

As the real estate market begins its recovery some real estate investors are showing an interest in acquiring houses involved in bankruptcy. One of my clients filed a joint Chapter 7 bankruptcy and indicated he would surrender his interest in...



Posted 2 years 14 weeks ago

A common question during a pre-bankruptcy meeting with a bankruptcy client is whether a debtor can incur any new debt between the time he first meets his bankruptcy attorney and the filing date. The answer has two parts. You cannot...



Posted 2 years 15 weeks ago

The means test allows debtors an deduction and income offset for secured debt payments. The greater amount of monthly secured debt payments the more likely a debtor is to pass the means test. One of my bankruptcy clients suggested increasing...



Posted 2 years 15 weeks ago