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