Get free answers to your Bankruptcy legal questions from lawyers in your area.
I need advice on helping my son, who was recently evicted in Pensacola owing a significant amount of rent. All his debts are in Pensacola, and he has not faced any legal action yet. I am considering bankruptcy as a way to manage his debts. He is currently living with me in Robertsdale, Alabama.... View More 
answered on Jun 16, 2025
You can help him by helping him find a bankruptcy attorney who is admitted to the US Bankruptcy Court for the Northern District of Florida. If your town is close to the Fla/Alabama line, you can look in both Florida and Alabama. I don't recommend filing bankruptcy without an attorney.
I'm seeking guidance on how to file a claim for an investment I made into a company incorporated in Florida, which has filed for ABC filing in Florida. I invested $100,000 into Ecom Authority to set up and operate a Walmart store, but my capital went unused. The claim form requires me to state... View More
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answered on Jun 12, 2025
You’re right to want clarity when submitting your claim, especially after investing such a large amount. On the claim form under “basis for claim,” you’ll want to clearly state the reason the company owes you money. In your case, the basis is likely **“breach of contract”** and possibly... View More
Approximately four years ago, I fell at the Fort Lauderdale airport while boarding a flight and hired a law firm in Fort Lauderdale on a contingency basis. Initially, they told me I had a strong case, and I signed agreements with them. Over the years, communication about my case was minimal, with... View More
answered on Jun 7, 2025
If a company files for bankruptcy, lawsuits—including personal injury claims—are usually halted by an automatic stay. However, if the company has insurance that covers the claim, you can file a motion for relief from the stay to proceed with the lawsuit. Courts may grant it if the insurance... View More
I've been under Chapter 13 bankruptcy for a year, with more than half of the payments completed. I inadvertently used CashApp Afterpay during this time but have now ceased its use. My trustee has not contacted me regarding this, and my Chapter 13 payments are being consistently deducted from... View More
answered on May 26, 2025
Probably none so long as the Cashapp after pay loan is also paid and agreed. Continued use might invoke court action for incurring new debt without permission.
I recently discovered that my ex-wife filed for Chapter 7 bankruptcy without notifying me, while we had an active unsecured loan that was automatically paid from my account. Her bankruptcy led the company to stop the automatic payment process, resulting in five missed payments and a significant... View More
answered on May 17, 2025
You need to make a motion to hold her in contempt in your divorce case.
I'm planning to file for Chapter 7 bankruptcy in Florida. Before filing, I want to know if I can maintain a bank account during the bankruptcy process.
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answered on May 27, 2025
You can and should maintain you bank accounts open during the bankruptcy process. There is nothing in the bankruptcy code that prohibits you from having and using bank accounts as you normally would. When you file for bankruptcy, the Trustee will request you/your attorney send copies of your bank... View More
I am in Florida and have received an avoidance claim letter from a bankruptcy case in Indiana, requesting the return of funds that were paid in full for a debt owed to me. These payments were made within 90 days of the bankruptcy filing, meeting the criteria for preferential payment. I was... View More
answered on May 15, 2025
I case will likely be litigated in Indiana but you can hire a lawyer in Indiana to represent you or you can likely appear virtually representing yourself. Call the clerks office in Indiana and find out what their rules are for virtual appearance if you want to represent yourself.
I am the petitioner in a divorce case in Florida. Our marriage was short-term but involved documented emotional, financial, and physical abuse. The court has awarded me temporary alimony, which the opposing party has failed to pay, resulting in an arrearage of over $30,000. I have filed a Motion... View More
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answered on Apr 29, 2025
In cases involving alimony arrearage, Florida law permits attorneys to work on a contingency fee basis for the collection of post-judgment support obligations. While contingency fees are generally prohibited in domestic relations matters when establishing alimony, they are explicitly allowed for... View More
I am the petitioner in a divorce case in Florida. Our marriage was short-term but involved documented emotional, financial, and physical abuse. The court has awarded me temporary alimony, which the opposing party has failed to pay, resulting in an arrearage of over $5,000. I have filed a Motion for... View More
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answered on Apr 29, 2025
Your situation presents several viable legal avenues. Florida law provides a mechanism for "fee shifting" where judges can order one party to contribute to or pay all of the attorney's fees and costs of the other party "as equity and justice may require." This concept is... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More
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answered on Apr 23, 2025
Since you were the named TOD (Transfer on Death) beneficiary on your aunt’s bank accounts, those funds legally passed directly to you upon her death and are not part of the probate estate. Using some of those funds to cover necessary expenses like utilities and car insurance related to her... View More
I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More
answered on Apr 16, 2025
I'm sorry for your loss.
There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More
Approximately four years ago, my mother fell on the bridge leading to the airplane in Fort Lauderdale, Florida, due to an area without a handrail. She was taken to the hospital, diagnosed with a broken hip, and had surgery, followed by a month of rehabilitation. We hired a lawyer right after the... View More
answered on Apr 16, 2025
I'm sorry to hear about what happened to your mother. A hip fracture can be incredibly painful and life-altering.
Generally speaking, when a company files for bankruptcy, there are automatic legal protections that pause most lawsuits, called an "automatic stay." Whether or... View More
I am going through a bankruptcy filing without my wife, but she wants to sell her car, on which I am listed as a co-owner. Can she sell the car without affecting my bankruptcy filing? The car is not listed as an asset in my bankruptcy, and there are no outstanding loans or legal agreements... View More
answered on Mar 28, 2025
If you are a co-owner of the car, the car should have been listed as an asset on your scheduled. That being said and with transparency being key, I would amend to add that. Given that your name is also on the car, I would amend and then wait until the bankruptcy is final before attempting to sell... View More
I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More
answered on Mar 26, 2025
First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!
I'm considering filing for Chapter 7 bankruptcy and would like to know if it's possible to include a potential future civil judgment for slander in the bankruptcy filing. There has been no settlement offered by the other party's attorney, and no judgment has been issued yet. Can a... View More
answered on Mar 23, 2025
Good question. 11 U.S. Code § 523 (a) (6) provides that debt for "willful and malicious injury" is not discharged in bankruptcy. If the slander is proven to be "willful and malicious", the actual damages (as opposed to punitive damages, etc.) might not be dischargeable.
I am considering filing for Chapter 7 bankruptcy and want to know if it's possible to discharge my federal student loans and back taxes. The taxes in question are from three years ago. Can these debts be discharged through bankruptcy in most cases?
answered on Mar 11, 2025
In most cases, federal student loans are not dischargeable. If the taxes are more than three years old, they can possibly be discharged.
I am currently behind on my title loan payments and have significant credit card debt. I'm considering filing for bankruptcy but I'm not sure which type would be suitable. Can I still file for bankruptcy if I have a title loan, and what type should I be considering?
I am a 56-year-old female on SSD and I am filing for bankruptcy due to gambling-induced financial losses. I was prescribed Ropinrole, which led to compulsive gambling behavior that ceased once I stopped taking the medication. My bankruptcy trustee suggested suing the drug manufacturer as I've... View More
answered on Feb 19, 2025
Research the prior suits. Find an attorney in Florida who has litigated these type matters before and has experience in bringing these type cases.
Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
Are Statutes, codes, regulations for government authority?
A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d
244, 248),
“A “Code’ or Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3... View More
answered on Feb 5, 2025
There's a reason attorneys go to school for so long -- they have to know how to read every word of a court opinion and follow the analysis. The case you cite above stated an "unconstitutional" statute is not a law. This is a 1941 case from Louisiana that still has the Napoleonic... View More
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