Very often I will sit down with a new consult and one of the first things they say is “I want this to be a Chapter 7, I don’t want Chapter 13.” I always then ask “Why do you say that?” because the answer gives me insight into what they have already learned (either...

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,...

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...

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...

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...

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...

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,...

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...

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...

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...

Short Answer:  There’s still some hope, but hold on tight. Long Answer: I hate the Means Test. I have just this second decided that will be the subject of my next posting as explaining why would take some time. Suffice it to say, it doesn’t make any sense. So we have...