Our Blog 2018-10-09T17:21:16+00:00

Alberto Hernandez Bankruptcy Attorney Miami, FL Blog

New Miami Bankruptcy Document Procedure

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 this reason the office of the Chapter 13 Standing Trustee, Nancy Neidich, in Miami has announced a new procedure for the filing of documents. This new procedure was designed to protect [...]

New Bankruptcy Forms Required for Individuals Considering Filing

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 December 1, 2015, all Miami bankruptcy attorneys and their clients must use the new official forms with the filing of any new bankruptcy case. The new bankruptcy forms have been [...]

Supreme Court Ruling on Bankruptcy

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 specified period of time. The bankruptcy trustee is responsible for using the money that is paid into the plan to pay back the bankruptcy plan's creditors. Sometimes, however, there is a backlog [...]

What Happens to Residential Leases in Bankruptcy

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 people who rent a property, whether an apartment or a private residence, often have a written lease with the landlord.   The lease has the specific terms of the contract between the landlord and [...]

Adversary Proceedings in Florida Bankruptcy Cases

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 there was fraud involved in obtaining the credit or fraudulent charges. Adversary proceedings can also be filed by a bankruptcy trustee. These federal bankruptcy court adversary proceedings follow similar procedural requirements and discovery [...]

Eliminating Second Mortgages in Chapter 7 Bankruptcy Cases

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 and how bankruptcy attorneys look at helping people with real estate debt has changed. Before, if a person owned property, and that property was considered "underwater" taking account your first mortgage, your property had [...]

Florida Bankruptcy Audits- Part II

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 by the USTP (United States Trustee Program). This criteria has to do with having income or expenses greater than normal for the district when the case is filed. Audits on [...]

Florida Bankruptcy Audits- Part I

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. Based upon the filed bankruptcy schedules and information debtors seek a discharge of all or most of their debts. Few people know that the United Sates Trustee Program (USTP), a [...]

Don’t Be Fooled By Fake Debt Collectors

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 you didn't even know existed such as Spokeo, White Pages, etc. With access to this information, fake "creditors" may use this and take advantage of unsuspecting people. Scam artists will use the information [...]