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Questions Answered by David Luther Woodward

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 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 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 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 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.

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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 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 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

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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 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 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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