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...

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...

Florida’s Homestead Exemption and Mobile Homes

Question:  Does Florida's homestead exemption apply to mobile homes in bankruptcy? Short Answer:  Yes Long Answer: Yes, and it is still permissible to also claim the wildcard exemption in bankruptcy if the mobile home sits on a lot rented and not owned by the...

What is a Chapter 7 Trustee?

Trustees, Like Judges, are Assigned by the Clerk of Court It seems that the most mysterious player to a debtor in a Chapter 7 Bankruptcy is the Trustee assigned to the case.  They’re not the judge, nor are they the debtor’s or a particular creditor’s attorney. “So who...