Category: Tips
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…
CHAPTER 7 BANKRUPTCY TREATMENT OF SECURED PROPERTY
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STATEMENT OF INTENTIONS IN BANKRUPTCY In a Chapter 7 bankruptcy, the debtor must complete and sign a form called the Statement of Intentions. The Statement of Intentions indicates which of the available options the debtor chooses towards his or her secured property. The primary examples of secured property are an automobile loan or a mortgage…
DOMESTIC SUPPORT OBLIGATIONS BANKRUPTCY
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Another important exception to bankruptcy is domestic support obligations. Domestic support obligations are not discharged in bankruptcy and are therefore referred to as an exception to bankruptcy. Intentional torts are another exception to bankruptcy and were discussed in our prior article. Domestic support obligations are defined by federal and not state law. 11 USC 101(5)…
TREATMENT DOMESTIC SUPPORT OBLIGATIONS IN BANKRUPTCY
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Domestic Support Obligations, sometimes referred to as DSO’s, are Classified as Priority Debts in Bankruptcy. Please refer to Bankruptcy Code Sections 11 USC 507(a)(1), 523(a)(5) and 523(a)(15). Priority Debts are generally paid first in a Chapter 13 Bankruptcy through the monthly payments the Debtor makes to the Chapter 13 Trustee, or through a Chapter 7…
HOW LONG CAN I KEEP MY AUTOMOBILE IF I SURRENDER IT IN BANKRUPTCY?
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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA How long can I keep my automobile or car if I intend to surrender it in Bankruptcy? Thank you to Mark Zadar of Clearwater, Florida for your question. This is a common question asked by the Clients that come to our offices. Sometimes, a person filing Bankruptcy will determine…
WHAT IS BANKRUPTCY PROOF OF CLAIM?
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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Eduardo from Executive Café & Deli in Clearwater, Florida, asks What is a Proof of Claim in Bankruptcy? A Proof of Claim is a written Statement that notifies the Bankruptcy Court, The Bankruptcy Trustee, and the Debtor, that the Creditor intends to be eligible to receive a Distribution of…
I FILED BANKRUPTCY. WHEN CAN I FILE AGAIN?
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BANKRUPTCY ATTORNEY QUESTION FROM BRANDON FLORIDA Stuart Schnell of Brandon, Florida asks the Bankruptcy Attorney, If I previously filed Bankruptcy, may I file Bankruptcy again, and when may I file Bankruptcy again? Thank you for your question, Stuart. If you file Bankruptcy, you may generally file Bankruptcy again, depending upon primarily the amount of time…
WHAT IS A DISCHARGE IN A CHAPTER 13 BANKRUPTCY?
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Paul O from Port Richey, Florida asks, what is a Discharge in a Chapter 13 Bankruptcy. The following video explains what is a Discharge in a Chapter 13 Bankruptcy. Discharge in Chapter 13 is described in Section 1328 of the Bankruptcy Code. Section 1328(b) provides for a Hardship Discharge. Section 1328(e) and 1328(f) of the…
Can I Change My Social Security Number To Rebuild My Credit Rating?
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John Patterson from Brandon, Florida asks if it is possible to obtain a new Social Security number in order to improve his credit rating. This is a commonly asked question of the Bankruptcy Attorneys at our Office. We hope that this video we prepared may help to answer your question.
BUDGETING FOR CHRISTMAS AND HOLIDAY SEASON
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Budgeting is important, not only during the Holiday Season but during the entire year because unless you are properly recording your finances, you may not be distributing such finances to their best or most efficient uses. The first step in Budgeting is to write down your Gross Income, whether it is from Employment, or other…