Florida Chapter 7 Consumer Exemption Traps and Escape Hatches CFBLA 11/17/22
Homestead Fla. Const. Art X §4(a)(1) Fla. Stat. Ann. Secs 222.01 & 222.02; Fla. Stat. Ann. §222.05 Limits: ½ acre in city limits or 160 acres unincorporated county. Check the county property appraiser’s website. They differ from each other but will indicate things...
BANKRUPTCY IMPACT ON PI CLAIMS
This article is intended to help the Personal Injury Attorney whose client has filed a Chapter 7 Bankruptcy in Florida. I hope to help you understand the impacts of the bankruptcy filing on your case. Bankruptcy debtors should discuss any questions they have...
Florida Supreme Court Changes Bankruptcy Law in Florida
Until July 1, 2007, the value of personal property a bankruptcy debtor was allowed to keep and tell their creditors to go jump off a bridge was really low, $1,000 per debtor and another $1,000 specifically for car equity, if any. Compared to the rest of the nation,...
The Underwater Florida Home and The Wildcard Exemption
One thing I enjoy about practicing bankruptcy law is the predictability and mechanics of the practice and the process. One very big exception at the moment is how we should be treating the client’s Florida home that is worth less than what is owed, but that they want...
Bankruptcy Considerations in Divorce
I recently agreed to speak on the topic of bankruptcy considerations in divorce at a seminar for family law attorneys. This is a copy of my portion of the outline to be included in the materials. It's choppy because it's just an outline, but hopefully will have...
Same Gender Married Couples Can Now File Joint Bankrutpcy
The Associated Press published an article July 8, 2011 stating “Federal officials no longer plan to contest joint bankruptcy pleadings brought by legally married same-sex couples.” The article then goes on to explain the position shift and the story of the married men...
Just Say ‘No’ to Friends and Family Preference
One of the first questions any good bankruptcy attorney will ask during a consultations is if a client’s debt includes debt owed to friends or family members, and if debt has been paid to friends or family members in the last year. This is very important because you...
What Happens to Divorce Debt in Bankruptcy?
Bankruptcy can be complicated all on its own, but things can get even more tricky when you throw in the fact that it has already been addressed in a divorce. There are two categories of “divorce debt” in bankruptcy: “support” and “debt owed to a spouse, former spouse,...
Bankruptcy vs. Debt Consolidation Programs
Very often people come to see us after having tried being in one of those Debt Consolidation programs. Others are just starting to have trouble with debt and are considering all their options and ask for an opinion on Debt Consolidation programs. Here is what I tell...
What Do You Mean They Can Take My Bike?!!
This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy...