Alberto Hernandez Bankruptcy Attorney Miami, FL Blog
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 [...]
What is the Purpose of Bankruptcy Credit Counseling and Bankruptcy Debtor Education?
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 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005), can answer the question. With almost no exception, those considering a bankruptcy must take credit counseling at least 6 months before [...]
Florida Bankruptcy Filings and National Bankruptcy Filings are Down Again
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 this time of the year with those of last year. If one looks at a 5 year trend, bankruptcy filings are down again, for the last 5 years going, both [...]
The Miami Bankruptcy Attorney Interview Process – Part II
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 information completely and accurately. The consultation will be only as thorough and accurate as the information that is requested by the bankruptcy attorney and that provided by the potential client. [...]
The Miami Bankruptcy Attorney Interview Process- Part I
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 place. Although statistically speaking many debt issues presented to bankruptcy attorneys are ordinary, only an attorney may give legal advice. Prior to making the appointment, make sure you are speaking to a bankruptcy [...]
Florida Bankruptcy Without An Attorney – Part III of III
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, you understand that there are many things that a bankruptcy petition preparer cannot do or say under bankruptcy law. (See Blog Archive-Florida Bankruptcy Without an Attorney- Part II.) The important [...]