Alberto Hernandez Bankruptcy Attorney Miami, FL Blog
Filing Bankruptcy or Divorce First: The Chicken or the Egg Dilemma
At first glance, deciding which comes first, the chicken or the egg, seems a trivial and amusing matter. However, if one considers the philosophical implications of the question, it can be said that one may be trying to determine and solve the theory of evolution and timing of the creation of man. Similarly, for those experiencing the many times painful effects of marital distress and marital separation, the problem of dealing with the accompanying debts and imminent bankruptcy is overwhelming. For the Miami bankruptcy attorney who meets a [...]
What is a Proof of Claim?
During an active bankruptcy case, individuals who file a Chapter 13 bankruptcy and some of those who even file a Chapter 7 bankruptcy, may receive a proof of claim. Proof of claim forms is a natural process of the bankruptcy filing and it is nothing to be alarmed about. Proof of claims is filed by the individual creditor and require them to provide certain information regarding the debt you have with them. A proof of claim filing will also require that the creditor [...]
Elderly Law, Power of Attorney and Bankruptcy
South Florida bankruptcy attorneys usually see a good amount of older residents who may need debt relief. After all, since people are living longer and many South Florida residents have permanently settled in our state for its balmy weather, it is expected that many of these folks have unpaid debts which need to be addressed.Often, the elderly are accompanied by a family member or caregiver and the consultation is given in the ordinary course with privacy and confidentiality disclosures being verbally provided to the prospective debtor. However, many times, the elderly [...]
Payment of Delinquent Child Support and Bankruptcy
A practicing bankruptcy attorney in Miami-Dade, Broward or Palm Beach, will undoubtedly see a client who comes in with a court order to pay delinquent child support payments and with no apparent ability to catch-up. Of course, many times this prospective client will probably be looking to the bankruptcy option just because a possible permanent modification of the child support going forward does not resolve the matter of the delinquent payments. A bankruptcy practitioner in South Florida understands that child support payments are not [...]
How To Find Out If You Have Been Sued In Foreclosure Court
My law practice focuses on debtor-creditor law. My daily tasks are to interpret different factual scenarios provided by prospective clients in order to find out what is the best course of action to take in light of the circumstances and particular situation at the time of the consultation. Many times my clients come with a letter from the bank or collection agency. Sometimes they received a summons and complaint and want me to review it. Sometimes however, my clients do not know if [...]
Reduce Your Biggest Expense in Retirement
If you own your own home, then chances are great that the biggest expense that is associated with your bills involves payment of your rent or mortgage. In the golden years, most people are thinking of enjoying their retirement in simple comfort. However, for the large percentage of homeowners of retirement age, the mortgage associated with their monthly bills many times also includes a second mortgage and a secured equity line. Wouldn't it be phenomenal if you could reduce or eliminate the payment of your [...]
Immigrant Status and Filing for Bankruptcy in South Florida
A bankruptcy attorney practicing in South Florida regularly sees clients who are not legally residing in the United States. Many of these prospective clients have spent years in the area, have raised families and in the process have acquired debts and ongoing financial responsibilities. Many times, an unexpected situation such as a loss of a job, a death or separation will trigger a dire financial situation and folks consult with a debt relief attorney to discuss their options. At the first consultation, a [...]
How To Get In Trouble Filing For Bankruptcy
When a person decides to file a bankruptcy, all legal and equitable interest of the debtor in property as of the commencement of the bankruptcy case belong to the bankruptcy estate. The bankruptcy estate becomes the responsibility of the bankruptcy trustee who controls and administers the property of the estate. The bankruptcy trustee has duties to look for a property which he can collect and reduce to money for the benefit of the creditors left unpaid by the debtor who filed bankruptcy. The [...]
The Wage Garnishment Process
Creditors come to wage garnishment when they obtain a court ruling providing them with a judgment in state court. In essence, after giving the proper notice requirements set by law and winning their lawsuit from the debtor who is not paying their bills on time, the creditors can garnish the debtor's wages. After the judgment, then the creditor files a request for wage garnishment to the employer of the debtor. About 20 days after the creditor's application to the employer, the request becomes [...]