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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: Need to file a motion that states I fired my attorney

I fired my bankruptcy attorney this evening. I need to file something with the court to reflect this, but I can't find substitution for pro se debtor. Can someone please tell me how to file a motion to fire my attorney with he court?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

Until your attorney files a motion to withdraw from the case, and the motion is granted, the attorney remains responsible to represent you. Ask the attorney how soon this will happen; it might be a good idea for you to sign the motion. Or if you have another attorney to step in, the new attorney... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: Would I be able to apply for chapter 7 (bankruptcy) although I am unemployed and do not have any assets? I’m in FL.
Stuart A. Young
Stuart A. Young answered on May 10, 2022

There is no minimum income level needed in order to file bankruptcy.

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1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

1 Answer | Asked in Bankruptcy for Florida on
Q: i have a judgement from 2014 originated in Atlanta Georgia where the Defendant owes me 4995.00.

Is this still enforcable? I recently found out defendant lives in Tenn and I now live in Florida

Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2022

You should contact a Tennessee attorney about collecting the judgment amount from the judgment debtor. If the debtor still has property in Georgia, it may be possible to levy on that property; in which case you would want to also contact an attorney in that state.

2 Answers | Asked in Bankruptcy for Florida on
Q: Have wage garnishment and would like to know how to stop it immediately?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2022

Fill out, sign, and file the claim of exemption form. It won't be immediate; there has to be a hearing on your claim.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Chapter 7 in Florida, my Car is paid for, Kelly Blue Book says 14K ..but I need a Car! What should I do? thank you.

I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

You are best advised to discuss these concerns with a Florida bankruptcy lawyer.

If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt...
Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I have Proof of Claim paperwork from a former job filing Chapter 11, but I don't know if I am a creditor.

I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... Read more »

Michael Ferrin
Michael Ferrin answered on Mar 13, 2022

If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: If I File For Bankruptcy What Happens To My Vehicle, If I Own It Jointly?
Timothy Denison
Timothy Denison answered on Feb 14, 2022

You can claim an exemption for your equity and reaffirm the loan, if any, to keep the car.

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1 Answer | Asked in Bankruptcy and Collections for Florida on
Q: Can I transfer my home to someone else if I have judgements against me?

Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... Read more »

Timothy Denison
Timothy Denison answered on Feb 13, 2022

Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.

2 Answers | Asked in Bankruptcy, Divorce, Real Estate Law and Tax Law for Florida on
Q: Can a house be sold at auction while it's currently in bankruptcy?

I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.

Timothy Denison
Timothy Denison answered on Feb 5, 2022

Not unless the court has given permission for the sale.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Live in fl. Have a house in ga. Not declared in chap7. Went into a 13 but now can't pay. What happens now. Back to a 7??

House in ga over 30 yrs and i forgot my name was on it. I switched to a 13 and paid 2 yrs but can't pay now . I know it can be dismissed but can they revert me back to a chapt 7

Timothy Denison
Timothy Denison answered on Feb 5, 2022

Make a motion to dismiss the chapter 13.

4 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida on
Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 1, 2022

This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

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2 Answers | Asked in Bankruptcy for Florida on
Q: If my ex files bankruptcy and we co own a home in Florida that I live in with my children, will my home be foreclosed on

We were never married. I went through a modification but have since completed and returned to making regular payments

Rand Scott Lieber
Rand Scott Lieber answered on Jan 14, 2022

You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am wanting advice on waiting out the statute of limitations instead of filing bankruptcy.

I have approx $116k of cc debt. Amex has sued me twice (IN and CA) but dismissed their suits. Otherwise I’m just getting calls and emails, and the debt has been sold.

I have no assets except a $3k used car. I lease my residence and have less than $1k in my checking account and a small... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

Assuming that you have no dependent, the Uber income, and the futures trading income are probably not exempt from garnishment. I suggest that you wait to see if they sue you, and at that point again consider bankruptcy protection.

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2 Answers | Asked in Bankruptcy and Collections for Florida on
Q: I need a lawyer who is prono Bono

For bankruptcy I had two jobs working part-time the people who are assuming me is the bank but the truck that I got through a car dealer the very first day I drove off the lot I had trouble I had to go buy three new tires the tires were so dry rotted long story short story so they're coming... Read more »

Timothy Denison
Timothy Denison answered on Dec 28, 2021

Contact your local bar association or legal aid society for a list of pro Bono attorney.

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1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Jane Kim
Jane Kim answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: Ex-husband is filing Chapter 13. According to the divorce decree, he was to buy me out of my interest in the house with

36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...

Timothy Denison
Timothy Denison answered on Oct 28, 2021

Doesn’t affect them at all. He’s still obligated to pay you per the decree.

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1 Answer | Asked in Bankruptcy for Florida on
Q: filed chapt 7and later a 13 i cant pay and trustee filed motion to dismiss 13. can the court revert me to a 7 again?
Timothy Denison
Timothy Denison answered on Oct 14, 2021

Not unless you file a motion to convert back to a chapter 7.

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