Category: Law
Chapter 7 Bankruptcy
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Chapter 7 of the Bankruptcy Code allows debtors to have their debts forgiven through liquidation. During this process, nonexempt assets are sold and the proceeds are distributed to creditors. Unlike Chapter 13 bankruptcy, where a debtor retains their property and pays back a portion of their debts, Chapter 7 bankruptcy discharges remaining debts so the…
Rookie Bankruptcy Paralegal Anthony Rodriguez
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Episode 1: The Journey My name is Anthony Rodriguez. At age 33 I found myself barely making it in the San Fernando Valley located in the county of Los Angeles, California. Even making a decent income every year, I was still living paycheck to paycheck and struggling to make ends meet. Single, no kids and…
Public Sector Pension Plans: A “Ticking Time Bomb”
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According to a December, 2017, washingtonfreebeacon.com report “…unfunded liabilities of state public pension funds increased by $433 billion over the past year and presently exceed $6 trillion…”. The report continues, “Unfunded liabilities of public pension plans continue to loom over state governments nationwide. Absent significant reforms, unfunded liabilities of state-administered pension plans will continue to grow…
PUERTO RICO & BANKRUPTCY
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The island of Puerto Rico is officially a Commonwealth of the United States. Puerto Ricans are citizens of the United States who share many of the same rights and benefits of their fellow citizens living on the mainland. Until February, 1898, Puerto Rico had been under the colonial rule of Spain for centuries. In that…
Harvey Weinstein / The Weinstein Company – Chapter 11 Bankruptcy in the Offing as Sale Talks Fail
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“Born under a bad sign, been down since I began to crawl if it wasn’t for bad luck, I wouldn’t have no luck at all…” (“Born Under a Bad Sign” -Original Version, Albert King, 1967; covered by Cream, 1968) Today, Albert King’s song might seem like the “anthem” of (former) movie mogul Harvey Weinstein, and,…
Hcr Manorcare, Inc. – $7 Billion In Debt – Files For Chapter 11 Bankruptcy
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HCR Manorcare, Inc., the second largest nursing home operator in the United States, has filed a voluntary petition for Chapter 11 Bankruptcy. The Toledo, Ohio-based company has $7 billion in debt.. Informed sources say the Chapter 11 petition is part of a pre-arranged debt-for-equity swap deal whereby ownership of the HCR will be transferred to…
Home Owners’ Association Dues in Bankruptcy
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Homeowners’ Associations are a fact in Florida, from the Deed-Restricted Communities to the Condominium Associations and Co-ops, many Floridians pay Monthly, Quarterly or Yearly Assessments to enjoy the benefits of architectural uniformity, common grounds maintenance and security. Adhering to community standards in turn helps maintain the appeal of the development, thereby increasing property values, and…
Chapter 13 Bankruptcy Protection of Tax Refund the Matter of in Re Gibson
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In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan.…
Valuation of Assets in Bankruptcy
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Valuation of property or assets in bankruptcy is an important element of any bankruptcy, including Chapter 7 and Chapter 13 bankruptcy. The proper standard of valuation has been the subject of considerable debate and litigation. Some of the controversy surrounding valuation of assets in bankruptcy has been ameliorated by the passage of the 2005 Bankruptcy…
Creditor Harassment Summary
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OFFENDING PARTY A DEBT COLLECTOR? MUST BE A DEBT COLLECTOR AND NOT ORIGINAL CREDITOR COLLECTING DEBT.DID DEBT COLLECTOR IDENTIFY HIMSELF AS A DEBT COLLECTOR?WAS DEBT A CONSUMER DEBT TRANSACTION?INCLUDES BAD CHECKS, CONDO ASSESSMENT FEES, RESIDENTIAL RENTAL PAYMENTS, MUNICIPAL WATER SERVICE, REPOSSESSIONSEXCLUDES CHILD SUPPORT, TORT CLAIMS, AND PERSONAL TAXESVALIDITY OF DEBT IRRELEVANT FAIR DEBT COLLECTION PRACTICES…
Bankruptcy Waiting Periods
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CHAPTERS WAITING PERIOD 7 TO 7 8 YEARS FROM PREVIOUS FILING 13 TO 13 2 YEARS FROM PREVIOUS FILING (CASE MUST BE CLOSED) 7 TO 13 4 YEARS FROM PREVIOUS FILING 13 TO 7 6 YEARS FROM PREVIOUS FILING UNLESS 100% OF THE UNSECURED WERE PAID IN THE PRIOR CHAPTER 13 OR AT LEAST 70%…
Florida Homestead Exemption
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The State of Florida provides a homestead exemption which is designed to protect persons from the attachment or seizure of their places of residence by creditors. The homestead exemption provides protection against such creditor action to debtors who file bankruptcy and debtors who do not file bankruptcy. The homestead exemption for purposes of asset protection is…