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Florida Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Florida on
Q: Is okay to apply for credit during a Chapter 7 bankruptcy prior to discharge?

no other info.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 1, 2021

Sure, you can try, but no lender out there that I know of will extend you credit until your discharge has been entered.

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: When you were in a car accident and you haven't settle yet, do you have to disclose the info when you are filing

chapter 7 bankruptcy

Cristina M. Lipan
Cristina M. Lipan answered on Jun 25, 2021

Yes, any claims that existed as of the filing date of the bankruptcy is property of the estate. See Koch v National Basketball Association: https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1263295.html

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2 Answers | Asked in Bankruptcy for Florida on
Q: Senior citizen filing bankruptcy. Have no assets. Can I withdraw my Checking" account money?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 24, 2021

Well, if you have money in a checking account, then you do have assets. If you're withdrawing $20,000 to give to your child as a gift then no, and a Trustee would sue your child. But if you're withdrawing $20 to buy groceries, that's fine. Certain assets (and you absolutely have... Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 21, 2021

You can not pick and choose. If you file bankruptcy, it affects all your debts and all of your assets.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Do I make payments during chapter 7 on title loan?

I recently asked a question. I am looking to update my forms and submit a reaffirmation agreement for my vehicle as I do not want to lose it. While the reaffirmation agreement is being processed in the proceedings do I continue to make payments as I normally would. I would like to know as I am... Read more »

Timothy Denison
Timothy Denison answered on Jun 14, 2021

Ask your lawyer. You can try but they may not accept them until the read is approved by the court. It varies state to state.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Do I make payments on my car during bankruptcy proceedings.

I have a title loan on my car and I filed for chapter 7 in middle court of Florida. I checked that I wanted to keep making payments because I didn’t want to reaffirm or give up my vehicle. My car is exempt. I was wondering if I had to keep making payments during chapter 7 proceedings or would i... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 14, 2021

The Bankruptcy Code gives a Ch. 7 debtor three choices of how to handle a secured claim- surrender the collateral to the creditor in full satisfaction of the secured claim; redeem, i.e., pay the secured claim in cash, or reaffirm the debt.

Perfected liens against collateral are NOT...
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2 Answers | Asked in Bankruptcy for Florida on
Q: I posted a question earlier and got the answer but I made a mistake (paying for home insurance)

I mean paying for the home warranty for the appliances in the house. He pays for home insurance and property taxes.. Its his home after all not mine. Does this changes anything?

Correcting Prior post: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 7, 2021

If your boyfriend is considered part of your household, his income is needed for the means test. I am not saying he is or isn't, but is a question specific to your jurisdiction. Your attorney would know. If your attorney has asked for the income, then it's probably needed.

See...
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4 Answers | Asked in Bankruptcy for Florida on
Q: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food.

I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food, utility and home insurance. question, is my BF income need to be included with my income in chapter 7? All the debits are mine and under my name . He is not filling for bankruptcy... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 7, 2021

The issue of household income is separate from what debts exist and who is filing for bankruptcy. The household income is to determine the means test only. Who is a member of your household is the next question. If your attorney believes your BF is a "member of the household" for means... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am 59 yrs old and in disability, I earn SSD & LTD. am over $50000 in debit including $7900 IRS from 2017.

Can the IRS debits be discharged in chapter 7? My LTD will run off in 5 years and I don't have enough credits to qualify for retirement income.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 7, 2021

Unpaid federal income tax debts become dischargeable two years and four months after the tax return is filed with the IRS. If you have filed the 2017 return more than 2 years and four months before you file a bankruptcy, the tax debt should be dischargeable, but only IF the IRS has not filed a... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Hi

#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 20, 2021

A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: Can I get a uncompleted Bankruptcy off my credit report?

I filed for bankruptcy a few years back to hold off a foreclosure action. I was able to sell the house and did not complete the bankruptcy filling or the foreclosure. The bankruptcy is still showing on my credit report, how do I get it removed?

Melissa Cain
Melissa Cain answered on Apr 16, 2021

Your bankruptcy will stay on your credit report, whether or not you completed your case. It is likely to stay on there for 7-10 years from the filing date.

If you are looking to finance a large purchase in the future, you should develop a working relationship with a bank you like and...
Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Can Payroll and bonus checks have the plan payment taken out?

I am a Florida resident who is 2+ yrs into a CH13 Bankruptcy. In March I noticed the plan payment was payroll deducted not only from my payroll but from my separate bonus check. This happened this past March and March of 2020. This means the trustee payment was 3,000 dollars in March (I get paid 2x... Read more »

Timothy Denison
Timothy Denison answered on Apr 11, 2021

They should not, no. Your lawyer should fix this for you.

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am filing for ch 7 bankruptcy in Fl. My spouse is not. His paychecks go into his own checking account, do I list

His bank account because he is my only source of income?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

No. His income is not your income. Let the Ch. 7 Trustee ask about your support at the 341 meeting.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Is there a lawyer in Milton that deals with chapter 7 bankruptcy?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 7, 2021

I'm not in Milton but I represent many people in the panhandle. Feel free to contact my office if you would like a free consultation.

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3 Answers | Asked in Bankruptcy for Florida on
Q: I HAD A FRANCHISE AND I HAD TO CLOSE DUE TO 0 BUSSINESS, WHAT ARE MY OPTIONS WITH FRANCHISE AND BANKRUPTCY
Timothy Denison
Timothy Denison answered on Mar 28, 2021

File bankruptcy and walk away.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Follow up question.

So if my chapter 13 is not discharged at the end due to my refunds not being sent to the trustee, can I pay the refunds and subsequently be discharged? Or will I be penalized and not discharged at all?

Timothy Denison
Timothy Denison answered on Feb 28, 2021

Assuming it is not discharged fir that reason, most likely they will allow you to pay the refunds and then the discharge will be granted.

2 Answers | Asked in Bankruptcy for Florida on
Q: will my chapter 13 discharged, if i didn't send the trustee my tax refunds?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: I owe a lot in credit cards. I havent been able to work due to covid. Can I file bankruptcy before I get too far behind?

I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 18, 2021

One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: What do i do when my lawyer that is representing me says he needs more money to continue the day before trial.

I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 16, 2021

Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.

It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may...
Read more »

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