Creditor Harassment Summary

Written by

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, REPOSSESSIONS EXCLUDES CHILD SUPPORT, TORT CLAIMS, AND PERSONAL TAXES VALIDITY OF DEBT IRRELEVANT FAIR DEBT COLLECTION PRACTICES ACT – FEDERAL LAW [15 USC 1692]. STRICT LIABILITY STATUTE, STATUTORY DAMAGES UP TO $1,000 PER VIOLATION. ACTUAL DAMAGES ALSO. REASONABLE ATTORNEY FEES. ONE YEAR Read More +

Chapter 9 Bankruptcy: Hartford, Detroit, Et Al

Written by

The mayor of Hartford, Connecticut, Luke Bronin has been intimating for a number of months that the city may need to file Chapter 9 bankruptcy. Chapter 9 bankruptcy is a form of bankruptcy where a municipality can seek to reorganize its debts, and arrange such debts in a reduced payment over a period of years. According to reports, Hartford currently has a $65 million dollar deficit and has problems meeting its obligations, including upcoming shortfalls in revenue of $7 million in November, 2017 and $39.2 Read More +

Taxes and Tax Liens in Bankruptcy

Written by
blank

WHEN TAXES MAY BE DISCHARGED IN BANKRUPTCY This article discusses the treatment of taxes due to the Internal Revenue Service (IRS). Income taxes due to the IRS may be dischargeable if such taxes meet five (5) criteria. 11 USC 507 and 523 hold that taxes are dischargeable in bankruptcy if: The tax return was due more than three (3) years before the filing of the bankruptcy petition. If the debtor, received an extension of time to file the tax return, the period of the extension Read More +

Message From A Bankruptcy Attorney in Clearwater, Florida

Written by

THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market Value of the Home was less than the Balance of the First Mortgage. The Second Mortgage, in terms of Bankruptcy, is Wholly Unsecured. Section 506(d) of the Bankruptcy Code provides, Read More +

Defendants Right to Selection Under Florida Law

Written by

Florida Statute Section 222.07 states:   Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney , may select from such inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the person’s agent, or attorney, does not appear and make such selection, the officer shall make the selection for him or her, and the property not so selected as exempt may be sold.

Florida Statute Section 222.061(5) Provides

Written by

The State of Florida has Laws that provide some protections for Debtors against Creditors. Florida provides an Exemption for the Personal Property of the Debtor, both within a Bankruptcy and outside of one.   Florida Statute Section 222.061 provides a method of exempting Personal Property. Section 222.061(1) provides:   When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, Read More +

Florida Law Has A Special Exemption..

Written by

Florida Law has a special Exemption for a Homestead that is a mobile home or modular home on land that the Debtor Homeowner, does not own. Meaning, the Debtor owns the mobile home but leases the land. Section 222.05 provides: Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular Read More +

Notice of Homestead

Written by

If a natural person residing in Florida, has a Judgment entered against him for a Debt, and he owns and desires to protect his Homestead, then under Section 222.01(2) of the Florida Statutes, he has a remedy. Section 222 provides: When a certified copy of a judgment has been filed in the public records of a county pursuant to chapter 55, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a Read More +