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 [...]
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. [...]
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 [...]
The United States Courts system has just released its quarterly reports showing that national bankruptcy filings are down by 12 percent on average. In the state of Florida, the average decrease in filing stands at 13 percent, totally consistent with the overall national picture. This first quarterly report for 2015 compares filings at [...]
Once in the attorney's office, before you speak to the attorney and seek out all your options, bankruptcy or otherwise, you will probably be given an intake form to provide your contact information with general questions as to your income, debts, and assets. It is of utmost importance that you fill out that [...]
What happens when you go meet a Miami Bankruptcy Lawyer? The first thing that should happen is that you need to be speaking to the attorney and not to a paralegal. Your financial situation is too important to allow a potentially low-level employee to decide whether you should be undertaking a very crucial process in the first [...]
After reading Part I, you now know that the bankruptcy petition preparer had to present you with a written contract, payment terms and examples of work to be done but they could not give you any legal advice. ( See Blog Archive-Florida Bankruptcy Without an Attorney -Part I.) If you have read Part II, [...]
