Last week we wrote about the new forms and changes to the bankruptcy law. The federal courts are always trying to create bankruptcy forms, rules and procedures which are easy to work with by the public and its bankruptcy practitioners. As with many other industries the bankruptcy court system has slowly migrated towards electronic records. For [...]
Every so often changes are made to the Federal Rules of Bankruptcy Procedure, Forms, and Guidelines. These changes are made based on a recommendation of an advisory committee made up primarily of federal judges, bankruptcy attorneys, and trustees. The proposed changes to the Bankruptcy Rules and Bankruptcy Forms are finally completed. As of [...]
A recent US Supreme Court decision in Harris v. Viegelahn addresses a bankruptcy issue faced by many who convert their cases from a Chapter 13 bankruptcy to a Chapter 7 bankruptcy case. In a Chapter 13 bankruptcy, debtors are committed to a repayment plan where they pay back a portion (or all) of their debt during a [...]
People who file bankruptcy want to know what happens to their residential lease when they file their bankruptcy case. Folks want to know if the bankruptcy filing will affect their lease payments and security deposit on the premises. The response to this question most often depends on what the debtor wants to do with the leased premises. Most [...]
In consumer bankruptcy filings, sometimes individuals and companies are faced with an adversary proceeding within their filed bankruptcy case. This proceeding is a lawsuit that is related to the bankruptcy case but is filed separately. A bankruptcy adversary proceeding can be filed by a creditor to object to the discharge of a particular debt because they believe [...]
The United States Supreme Court ruled unanimously on Monday, June 1 that you can no longer eliminate a second mortgage debt in a Chapter 7 bankruptcy case with a motion to value the property that is being mortgaged. This decision changes what has been previously been bankruptcy law in Florida. Now, Florida bankruptcy law [...]
What happens if you file bankruptcy and get audited by the Bankruptcy Trustee? If you happen to be one out of the 250 debtors that get audited (lately 1 out of 600), you will be selected at random within your judicial district or will be chosen for audit because of other internal established criteria [...]
Everyone that has ever consulted with a bankruptcy attorney in Florida knows that filing bankruptcy means the debtor has to file a petition and schedules itemizing all debts, assets and income. The bankruptcy petition and schedules act as an inventory and the debtor signs a declaration that the information is complete, accurate and truthful. [...]
In this day and age, it is so simple for anyone to gain access to your personal information. Information such as your full name, address, birthdate, and phone numbers are requested and sometimes published on your Facebook account. Even a simple google search can help you locate a lot of information listed on a random website [...]
People who seek the protections of the Florida bankruptcy courts are always asking about what are the bankruptcy credit counseling and debtor education requirements. After all, when one is delinquent on debt and is seeking bankruptcy relief how can credit counseling and debtor education help with the debt? The federal bankruptcy law, BACPA [...]
