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Questions Answered by David Luther Woodward
3 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I am a full time student. I have a collection agency foreclosing on my house I see judge 2/14. I owe 20000 house worth

140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?

David Luther Woodward
David Luther Woodward answered on Jan 17, 2020

You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hello. I stopped making payments on my credit cards and I have sued and have a court date. Do I need to go or what

Others options do I have?

David Luther Woodward
David Luther Woodward answered on Jan 8, 2020

I assume you mean that the credit card company sued you.

I would suggest that you contact a good bankruptcy lawyer in Dade County. You can check the Dade County Bar Association's lawyer referral service to get names, but I would not delay.

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1 Answer | Asked in Bankruptcy for Florida on
Q: After bankruptcy (LLC),they will hit my personal credit score? It will be a problem to open a new llc, get credit card?

Hi, I have a trucking company. My driver crashed my only one truck, It's total loss. The rental trailer company took back the trailer because I couldn't pay ( no more truck to work with). 3 months rent are missing on the contract, I couldn't finish the contract. It's about 10 000$ due, and 3500$... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 2, 2020

There are several details that you omitted that prevent a full and complete answer, so let me begin by suggesting that you find a good bankruptcy lawyer. You can find one by checking the with lawyer referral service of The Florida Bar (flabar.org) or with you local bar association

If you...
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2 Answers | Asked in Bankruptcy for Florida on
Q: HI, I've reached my credit limit with all credit cards and a unsecured bank loan. I cannot afford bankruptcy.

All payments will be due within the next 2 weeks. Can I write them all letters explaining the cash advances and electronics were sold to build up more cash to repair my 60 year old single wide trailer and my 18 year old car? My debt is approx 17,000.00. This work was/is being repaired by... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2019

You are a contemporary of mine and I can certainly empathize with your situation, and it is not going to heal any wounds for me to tell you that you did just about everything the wrong way.

You need to visit with a bankruptcy lawyer. Most do now require a fee for the initial...
Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I lost my job and can no longer pay my mortgage and we got a foreclosure notice, and need to file bankruptcy on several

Medical bills. If I file bankruptcy, and do not reaffirm with a mortgage, how long can you stay in the home for? So if I file bankruptcy next week, how long can a person in Florida stay in the home?

David Luther Woodward
David Luther Woodward answered on Nov 20, 2019

Depending on your personal situation and the chapter of the bankruptcy code you choose you can even save your home. You need to talk to a bankruptcy lawyer ASAP. Most allow the first interview free.

Good Luck

d

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3 Answers | Asked in Bankruptcy for Florida on
Q: We own the mortgage on a home in TN. The owner has filed for chapter7. his exemption is $25,000 and his equity is less

what do we have to do to protect ourselves?

David Luther Woodward
David Luther Woodward answered on Sep 18, 2019

You can do one of at least two things:

1. You can foreclose, probably not the bet move

2. You can invite the debtor to enter into a reaffirmation agreement which will allow the obligation to continue on uninterrupted, which is preferred

You need to review the bankrtupcy...
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3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on
Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

David Luther Woodward
David Luther Woodward answered on Sep 5, 2019

This is impossible to answer without reading the entire file. If jurisdiction was not properly invoked, or if you weren't a named defendant, or "if" a host of other issues exist you may not be liable. Social Security numbers have little if anything to do with debt, and almost less to do with... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: In Florida, is a Chapter 7 BK client legally entitled to get a copy of their file from their BK attorney?
David Luther Woodward
David Luther Woodward answered on Jul 8, 2019

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...
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4 Answers | Asked in Bankruptcy, Foreclosure, Civil Litigation and Probate for Florida on
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.

David Luther Woodward
David Luther Woodward answered on Jul 7, 2019

What is your question. The facts sound pretty grim

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3 Answers | Asked in Bankruptcy for Florida on
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 »

David Luther Woodward
David Luther Woodward answered on Jun 27, 2019

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...
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1 Answer | Asked in Bankruptcy for Florida on
Q: How many days does a non-moving party have to respond to MSJ in bankruptcy court in the southern district of Florida?
David Luther Woodward
David Luther Woodward answered on Jun 10, 2019

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

2 Answers | Asked in Bankruptcy for Florida on
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 »

David Luther Woodward
David Luther Woodward answered on May 21, 2019

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...
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1 Answer | Asked in Bankruptcy for Florida on
Q: My wife didnot file chapter 13 with me can she apply for car loan long as Im not on title
David Luther Woodward
David Luther Woodward answered on May 17, 2019

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

2 Answers | Asked in Bankruptcy for Florida on
Q: My car has been repo...will I still be able to file chapter 13....
David Luther Woodward
David Luther Woodward answered on May 2, 2019

Yes, and you may be ale to get car back if you act quickly. Hire a lawyer

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5 Answers | Asked in Bankruptcy for Michigan on
Q: is social security counted as disposible income in a chapter 13 bankruptcy
David Luther Woodward
David Luther Woodward answered on Apr 15, 2019

I agree with my colleagues.

You do need competent counsel to do either a 7 or a 13, but particularly a 13.

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