Questions Answered by David Luther Woodward
Q: In Florida, is a Chapter 7 BK client legally entitled to get a copy of their file from their BK attorney?
It is my practice to provide my client with a digital copy of everything we produce and everything we receive. If he cannot receive digital cxopies, then they are mailed in hard copy.
I cannot understand why there is an issue with providing you copies, but if it persists, go to the clerk's... Read more »
Q: Can I join lawsuit on Wells Fargo??
Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.
What is your question. The facts sound pretty grim
Q: Wife recently bought house in FL, I'm not on mortgage but only deed. If I file chapter 7 bk, will house be a part of bk?
All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »
You facts are incomplete if you want a definitive answer. Do you and your wife appear as the owners on the deed? If you do, you are tenants by the entireties and that property is exempt under the Florida Constitution. By the way, we don't have deeds of trust in Florida.
Go see a good... Read more »
Q: How many days does a non-moving party have to respond to MSJ in bankruptcy court in the southern district of Florida?
Check the BK rules of procedure. I think it is 14, but don't guess. Know for sure. You can download the rules easy enough.
d
Q: Are VA Disability payments exempt from creditor claims (secured or unsecured) in Florida Chapter 13 bankruptcy?
Began Chpt 13 bankruptcy payments nearly a year ago. Subsequently, the VA awarded me 80% disability payments retroactive to before I filed bankruptcy. I'm 74. I posted this question before, and the two lawyers that responded said this income could not be claimed by the trustee to satisfy creditors... Read more »
It appears to me that ALL VA benefits are exempt under Section 222.201, Florida Statutes which reads
222.201 Availability of federal bankruptcy exemptions.—
(1) Notwithstanding s. 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in... Read more »
Q: My wife didnot file chapter 13 with me can she apply for car loan long as Im not on title
Provided she meets that qualifications of the proposed lender there is nothing that prohibits her from buying a car for which the loan is in her name only.
Good Luck
d
Q: My car has been repo...will I still be able to file chapter 13....
Yes, and you may be ale to get car back if you act quickly. Hire a lawyer
Q: is social security counted as disposible income in a chapter 13 bankruptcy
I agree with my colleagues.
You do need competent counsel to do either a 7 or a 13, but particularly a 13.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
