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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: Are there any pro Bono lawyers for chapter 7 bankruptcy.
Timothy Denison
Timothy Denison
answered on Nov 30, 2022

Yes. Check with your local bar association or legal aid society.

1 Answer | Asked in Bankruptcy for Florida on
Q: I have $1200 in assets and over $60,000 in student loans - can student loans be discharged if I file for bankruptcy?

I have no car, no land, no house, and no business. I have been unable to work/go to school (I had to drop out) the past few years because of serious mental health issues (I've been to residential treatment twice in the past two years). I have complex-PTSD and have been experiencing very acute... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2022

It may be possible based on your circumstances. Please seek qualified counsel in your jurisdiction. It would probably have to be by adversary complaint, so make sure counsel knows what they are doing

1 Answer | Asked in Bankruptcy for Florida on
Q: I gave a 1650.00 retainer fee for chapter 7 bankruptcy still owe 375 .oo can't come up with the money can I get my money
Timothy Denison
Timothy Denison
answered on Nov 9, 2022

Depend on your contract you signed. It will control. If non-refundable, you may not get the money back. If silent on that issue, you may get the unearned portion of the fee back.

1 Answer | Asked in Bankruptcy for Florida on
Q: I want to file bankruptcy but I have an inherited house that still have payments. Can I file and still keep my house?

My family helps keep the house payments up but it’s in my name

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Depends on the equity and encumbrances on the house. You should consult a competent bankruptcy practitioner and go over your entire financial situation prior to making a decision.

1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Florida on
Q: My mother has cancer. We are in Florida. The Mortgage for my house is in my step fathers name. The title is in my name

and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.

2 Answers | Asked in Bankruptcy for Florida on
Q: I have a sales date approaching next month after bankruptcy was dismissed. What can I do?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 5, 2022

It depends on what type of bankruptcy you filed and why it was dismissed. A chapter 7 does not protect the property from sale and only keeps the bank from holding you personally liable. I am guessing, and that's a big guess since you did not post sufficient facts, that you filed a Chapter 13... Read more »

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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 22, 2022

Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »

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2 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I'm in Florida going through chapter 13 bankruptcy and foreclosure on my house I found loan papers with 40k in fees

I called chapter 13 trustee they told me to contact my bankruptcy lawyer or bankruptcy court no one is doing anything, what do I do

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 5, 2022

Your bankruptcy lawyer should be able to review the papers and answer your questions. The bankruptcy court cannot do anything without a motion or pleading filed to bring it to the court's attention. You don't mention what the fees are for but if there was a judgment in the foreclosure... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is there a limit to the amount of credit card debt to file for bankruptcy, Chapter 7? Thank you.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2022

There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).

A cautionary note- any charges made to a credit card within 90 days prior to the filing of a...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Ch 13 bankruptcy was 2 wks shy of being discharged when mom passed away. Trustee wants inheritance. Recommendations?

Thank you very much.

David Luther Woodward
David Luther Woodward
answered on May 20, 2022

Where's her lawyer?

Under certain circumstances the code permits a death during pendency to be treated as a probate estate.

Where's your lawyer?

If her estate is of value to you then you need your own lawyer to analyze and assist. Your question is too vague for a...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Need to file a motion that states I fired my attorney

I fired my bankruptcy attorney this evening. I need to file something with the court to reflect this, but I can't find substitution for pro se debtor. Can someone please tell me how to file a motion to fire my attorney with he court?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

Until your attorney files a motion to withdraw from the case, and the motion is granted, the attorney remains responsible to represent you. Ask the attorney how soon this will happen; it might be a good idea for you to sign the motion. Or if you have another attorney to step in, the new attorney... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: Would I be able to apply for chapter 7 (bankruptcy) although I am unemployed and do not have any assets? I’m in FL.
Stuart A. Young
Stuart A. Young
answered on May 10, 2022

There is no minimum income level needed in order to file bankruptcy.

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1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim PRO label
answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

1 Answer | Asked in Bankruptcy for Florida on
Q: i have a judgement from 2014 originated in Atlanta Georgia where the Defendant owes me 4995.00.

Is this still enforcable? I recently found out defendant lives in Tenn and I now live in Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2022

You should contact a Tennessee attorney about collecting the judgment amount from the judgment debtor. If the debtor still has property in Georgia, it may be possible to levy on that property; in which case you would want to also contact an attorney in that state.

2 Answers | Asked in Bankruptcy for Florida on
Q: Have wage garnishment and would like to know how to stop it immediately?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 16, 2022

Fill out, sign, and file the claim of exemption form. It won't be immediate; there has to be a hearing on your claim.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Chapter 7 in Florida, my Car is paid for, Kelly Blue Book says 14K ..but I need a Car! What should I do? thank you.

I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 1, 2022

You are best advised to discuss these concerns with a Florida bankruptcy lawyer.

If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt...
Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I have Proof of Claim paperwork from a former job filing Chapter 11, but I don't know if I am a creditor.

I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: If I File For Bankruptcy What Happens To My Vehicle, If I Own It Jointly?
Timothy Denison
Timothy Denison
answered on Feb 14, 2022

You can claim an exemption for your equity and reaffirm the loan, if any, to keep the car.

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1 Answer | Asked in Bankruptcy and Collections for Florida on
Q: Can I transfer my home to someone else if I have judgements against me?

Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... Read more »

Timothy Denison
Timothy Denison
answered on Feb 13, 2022

Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.

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