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Questions Answered by Victoria Morales
2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
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2 Answers | Asked in Probate for Florida on
Q: My mother passed away three months she had a living will my other siblings sold her home didn't include me & other sibli
Victoria Morales
Victoria Morales answered on Sep 8, 2020

The term "living will" refers to a document where the person signing it expresses her wishes regarding the prolonging of life through artificial means or devices when the person is no longer able to maintain life on her own.

A last will and testament is a document that expresses a...
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1 Answer | Asked in Probate for Florida on
Q: Do I need to sign a waiver while my property is in probate
Victoria Morales
Victoria Morales answered on Aug 31, 2020

As an heir or beneficiary of property being administered in a probate proceeding in Court, a person may be asked to waive or consent to a number of actions. It is not clear from the question what the waiver is for, and what type of property, real or personal, this is.

Typically,...
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2 Answers | Asked in Bankruptcy for Florida on
Q: The question is using the Federal Bankruptcy Wildcard Exemption with the unused portion of the homestead exemption

If I am not a homeowner but rather I rent, am I still eligible to use the unused portion of the homestead exemption with the federal wild card exemption or must you own a home to even qualify to be given that option... Thank You

Victoria Morales
Victoria Morales answered on Aug 31, 2020

The "Wildcard" Exemption is precisely to be used in the absence of a homestead exemption. That is, the Wildcard exemption is only available to a debtor in bankruptcy if the debtor does not claim a homestead exemption.

So, yes, the Wildcard exemption is available to a debtor who...
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3 Answers | Asked in Bankruptcy for Florida on
Q: Hi If we purchased furniture and appliances on credit about 10 months ago, could it be repossessed in a chapter 7 ?

Also I have a car that is paid off and pretty new.

Since I don’t have a loan on it anymore can they take that as well? The car is under my name and my moms?

Victoria Morales
Victoria Morales answered on Aug 4, 2020

You are entitled to a number of assets that are exempt from being taken by creditors. Specifically, Florida exemptions include $1000 in personal property, $1000 in a vehicle, and 100% of your homestead if purchased more than 4 years prior to the bankruptcy, and if purchased less than 4 years, then... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: In want to file for bankruptcy because I had a court citation for debt collector, but I own a car that if value of 9900

The car if paid. Can I lose the car. What are my options. My total debt is 50000

Victoria Morales
Victoria Morales answered on Jul 22, 2020

In Florida you have the ability to exempt certain assets from being liquidated (sold) for the benefit of your creditors in a bankruptcy. You may exempt $1,000 of value in a vehicle, $1,000 in personal property, 100% of your homestead if you have owned it for about 4 years or more, and if you do... Read more »

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