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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: Question I paying for chaper 13 payment plan but when i did the bankruptcy I stayed with one card and starting using it

I sign up with JJ wentworth and now I am paying them for other card . What my options

James L. Arrasmith
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answered on Jun 2, 2024

If you are paying for a Chapter 13 payment plan but kept and used one credit card, and now you're also paying J.G. Wentworth for another card, you have a few options to consider.

First, review your Chapter 13 payment plan to ensure that all your debts, including the credit card...
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3 Answers | Asked in Bankruptcy for Florida on
Q: Is it normal for a bankruptcy attorney to change your home address on your credit bureau.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 18, 2024

My gut reaction to your "normalcy" question is "No". While every prospective debtor should be totally candid with bankruptcy counsel, we use a debtor's credit report(s) to satisfy the "due diligence" requirement added to the Bankruptcy Code in the massive 2005... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Is it normal for a bankruptcy attorney to change your home address on your credit bureau.
James L. Arrasmith
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answered on May 19, 2024

No, it is not typical for a bankruptcy attorney to change your home address on your credit bureau. Their primary role is to guide you through the bankruptcy process, including filing the necessary paperwork, representing you in court, and ensuring that your debts are properly managed.

If...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Bought Fridge & ext. warr 5year (Nov 23) from a Comp who went Chapt 11 in (Feb).

Paid Company for both and now Insurance company (CPS) wants me to purchase new policy stating they will help me get my money back from credit card company because bankrupt company never paid them. Does this sound like FRAUD??

James L. Arrasmith
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answered on May 7, 2024

The situation you've described does raise some red flags, but it may not necessarily be fraud. Here are a few things to consider:

1. If the company went bankrupt in February, it's possible they didn't transfer the funds to the insurance company (CPS) before filing for Chapter...
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1 Answer | Asked in Bankruptcy for Florida on
Q: When filing personal bankruptcy do you have to provide copies of past two years federal returns?

If so what if you have not filed them

James L. Arrasmith
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answered on Apr 30, 2024

When filing for personal bankruptcy, you typically need to provide copies of your federal tax returns for the past two years. This requirement helps the court assess your financial situation and make informed decisions regarding your case.

If you have not filed your tax returns for these...
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3 Answers | Asked in Bankruptcy for Florida on
Q: When filing personal bankruptcy do you have to provide copies of past two years federal returns?

If so what if you have not filed them?

James L. Arrasmith
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answered on Apr 30, 2024

When filing for personal bankruptcy, you typically need to provide copies of your federal tax returns for the past two years. This requirement helps the court assess your financial situation and make informed decisions regarding your case.

If you have not filed your tax returns for these...
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3 Answers | Asked in Bankruptcy for Florida on
Q: When filing personal bankruptcy do you have to provide copies of past two years federal returns?

If so what if you have not filed them?

Martha Warriner Jarrett
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answered on May 1, 2024

If you are not required to file tax returns, you will need to provide the trustee with an affidavit as to why you are not required to do so. If you are required to file returns, you should file them as quickly as possible. If you do not know whether you are required to file, you should consult a... View More

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2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

Martha Warriner Jarrett
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answered on Apr 29, 2024

A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More

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2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

James L. Arrasmith
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answered on May 1, 2024

It's possible to challenge a civil judgment after it has been finalized, particularly if you never received the court documents. You might consider filing a motion to vacate the judgment if there were issues like improper service of process. It's important to act quickly, as courts often... View More

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1 Answer | Asked in Bankruptcy for Florida on
Q: What is required to file chapter7 , I am really in a bind with a lot of credit card debt . I am on SSI and way behind.
James L. Arrasmith
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answered on Apr 11, 2024

Here are the key requirements and steps for filing Chapter 7 bankruptcy when you are on SSI and have substantial credit card debt:

1. Eligibility: Your income must be below the state median or you must pass a means test showing you don't have enough disposable income to repay debts....
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1 Answer | Asked in Bankruptcy for Florida on
Q: I had two accounts with a debt collection agency for $985 ea. I was lied to and my money was taken

When I spoke to the gentleman he said that both accounts would be settled for $500 for both accounts. I then asked again is this for both accounts he stated yes you'll receive two letters stating that both accounts have been paid off and they will be removed from your credit. I waited 3 weeks... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with the debt collection agency. It sounds like a very frustrating and stressful situation, especially as a single parent trying to resolve debts and improve your credit.

Based on what you've described, it seems the debt collector may have...
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2 Answers | Asked in Bankruptcy for Florida on
Q: I’m preparing to file for chapter 7 bankruptcy, I just received 6000 in tax return I paid my rent which was 3293.

Could I have the remaining 2700 amount exempt?

James L. Arrasmith
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answered on Mar 16, 2024

When filing for Chapter 7 bankruptcy, understanding how exemptions work is crucial. Exemptions allow you to keep certain assets under both federal and state laws. The specifics can vary significantly depending on the state you live in. For your situation, having $2,700 remaining from a tax return... View More

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1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: In a partition act, what if one owner files for bankruptcy before the partition act was filed?

The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?

James L. Arrasmith
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answered on Feb 24, 2024

If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Florida on
Q: What are the rules for filing a tax return after ch. 7 bankruptcy has been discharged?

My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More

James L. Arrasmith
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answered on Jan 13, 2024

Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More

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1 Answer | Asked in Bankruptcy and Tax Law for Florida on
Q: My ch 7 bankruptcy was discharged. Can my ex-husband include our sons in his tax return to claim the Child Tax Credit?

My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More

James L. Arrasmith
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answered on Jan 12, 2024

Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More

2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

James L. Arrasmith
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answered on Jan 9, 2024

Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More

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2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

Filing for bankruptcy shouldn't automatically throw a wrench into your VAWA petition. They're kind of like two separate lanes with different reasons and processes. That being said, USCIS might still take a peek into your moral character evaluation. Being upfront about it is key. It's... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: If I file for bankruptcy , Chapter 7, would I lose my house and furnishings, items? Thank you.

I am not behind on my mortgage payments.

James L. Arrasmith
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answered on Jan 12, 2024

Filing for Chapter 7 bankruptcy involves a complex assessment of your assets, including your house and personal items. The impact on your house and belongings depends on various factors, including the equity in your home and the exemptions you can claim.

If you are current on your mortgage...
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3 Answers | Asked in Bankruptcy for Florida on
Q: If I file for bankruptcy , Chapter 7, would I lose my house and furnishings, items? Thank you.

I am not behind on my mortgage payments.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 8, 2024

Florida, like Texas, is known nationally for its generous exemptions from attachment by creditors both in and out of bankruptcy.

In most states, state law exemptions may be claimed in a bankruptcy case, but you need to confirm that with an experienced FL bankruptcy attorney.

There...
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