Alberto Hernandez Bankruptcy Attorney Miami, FL Blog
COVID-19 STATEMENT AND PROTOCOL
At the Law Office of Alberto H. Hernandez, P.A. we are committed to responding to disruptive incidents, like the Covid-19 pandemic. In order to keep our customers, families and staff safe we continue to monitor the recommendations of the CDC (Center for Disease Control and Prevention) regarding the Coronavirus (COVID-19). The following precautions are being taken: We are cleaning all office doors and counters, our waiting room, front office and conference room, including desks and chairs regularly. Disinfectants and antibacterial are being used throughout the [...]
Changes to Miami Bankruptcy Court Operations During COVID-19 and Debtors without an Attorney
Bankruptcy courthouse operations have been affected during the COVID-19 outbreak. The United States Bankruptcy Court for the Southern District of Florida, located in Miami, has issued an important announcement that changes the usual walk-in procedures and filing of documents due to the COVID-19 pandemic. Public office hours have changed as the Bankruptcy Clerk’s office is now closed to the general public for in-person filings. Documents for filings by persons who do not have an attorney now have a new procedure. Documents must now be sent [...]
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DO NOT THROW AWAY A LETTER FROM OUR OFFICE UNTIL YOU READ AND REVIEW IT. Please know we only represent people who owe money to a person or company, we do not represent creditors! If you get a letter from our office, and you are not already our client, it is because you have been sued, and we are offering to help defend you, from a lawsuit or a potential garnishment. We call on you to contact us and make an appointment for a free [...]
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 [...]