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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: Hi

#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 20, 2021

A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: Can I get a uncompleted Bankruptcy off my credit report?

I filed for bankruptcy a few years back to hold off a foreclosure action. I was able to sell the house and did not complete the bankruptcy filling or the foreclosure. The bankruptcy is still showing on my credit report, how do I get it removed?

Melissa Cain
Melissa Cain answered on Apr 16, 2021

Your bankruptcy will stay on your credit report, whether or not you completed your case. It is likely to stay on there for 7-10 years from the filing date.

If you are looking to finance a large purchase in the future, you should develop a working relationship with a bank you like and...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Can Payroll and bonus checks have the plan payment taken out?

I am a Florida resident who is 2+ yrs into a CH13 Bankruptcy. In March I noticed the plan payment was payroll deducted not only from my payroll but from my separate bonus check. This happened this past March and March of 2020. This means the trustee payment was 3,000 dollars in March (I get paid 2x... Read more »

Timothy Denison
Timothy Denison answered on Apr 11, 2021

They should not, no. Your lawyer should fix this for you.

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am filing for ch 7 bankruptcy in Fl. My spouse is not. His paychecks go into his own checking account, do I list

His bank account because he is my only source of income?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

No. His income is not your income. Let the Ch. 7 Trustee ask about your support at the 341 meeting.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Is there a lawyer in Milton that deals with chapter 7 bankruptcy?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 7, 2021

I'm not in Milton but I represent many people in the panhandle. Feel free to contact my office if you would like a free consultation.

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3 Answers | Asked in Bankruptcy for Florida on
Q: I HAD A FRANCHISE AND I HAD TO CLOSE DUE TO 0 BUSSINESS, WHAT ARE MY OPTIONS WITH FRANCHISE AND BANKRUPTCY
Timothy Denison
Timothy Denison answered on Mar 28, 2021

File bankruptcy and walk away.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Follow up question.

So if my chapter 13 is not discharged at the end due to my refunds not being sent to the trustee, can I pay the refunds and subsequently be discharged? Or will I be penalized and not discharged at all?

Timothy Denison
Timothy Denison answered on Feb 28, 2021

Assuming it is not discharged fir that reason, most likely they will allow you to pay the refunds and then the discharge will be granted.

2 Answers | Asked in Bankruptcy for Florida on
Q: will my chapter 13 discharged, if i didn't send the trustee my tax refunds?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: I owe a lot in credit cards. I havent been able to work due to covid. Can I file bankruptcy before I get too far behind?

I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 18, 2021

One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: What do i do when my lawyer that is representing me says he needs more money to continue the day before trial.

I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 16, 2021

Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.

It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may...
Read more »

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5 Answers | Asked in Bankruptcy for Florida on
Q: IF i FILED A CHAPTER 7 LAST YEAR AND IT HAS BEEN DISCHARGED DO I NEED TO REPORT A SETTLEMENT I MAY RECEIVE THIS YEAR

THE SETTLEMENT IS FROM ROUND UP DUE TO GETTING LYMPHOMA....

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Feb 3, 2021

The short answer is if the cause of action (injury) arose prior to your filing, yes, it should have been listed and you should report it. If the cause of action arose after your filing, no, you would not have to report it. You should let your attorney know either way.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Can a land trust trustee who files personal chapter 7 bankruptcy be trustee of our trust. Court abandoned his property

in the trust. I own other 50%. How can I remove him if he can be trustee. Property in FL

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 7, 2021

Yes, the fact that he has filed for bankruptcy protection shouldn't really affect his ability to carry out his duties as trustee. If you feel there are grounds under state (non-bankruptcy) law to remove him you can apply to the state courts to remove and replace him.

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1 Answer | Asked in Bankruptcy for Florida on
Q: My chap 7 has been discharged can the trustee i sell my jointly owned house to pay debts although its not a 13.

I had creditors meeting but i did not file form 423.

Paul Cain
Paul Cain answered on Dec 17, 2020

Hello,

I'm sorry about the trouble you're experiencing in your chapter 7 bankruptcy. Generally, bankruptcy trustees have broad powers to liquidate estate property unless an exemption applies. Depending on your circumstances, this might apply to your jointly owned home.

I...
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1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I’m recently divorced and my ex husband has just filed for chapter 13 Bk, the family court order him to pay me $75k

for equitable distribution as well as ordered the marital home to be sold immediately, we had a buyer who offered 1.2 mill and ex refused b/c he wanted full asking price, there is about $700k equity. He told Bk court house was valued at $225 thousand. We also owned another property with a lot of... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Dec 11, 2020

Is the marital home in Florida? Is the business property in Florida? Is the dissolution of marriage in Florida?

Notwithstanding any of that, it sounds like your ex-husband is committing bankruptcy fraud which is never a good thing.

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1 Answer | Asked in Bankruptcy for Florida on
Q: My student loan has been charged off due to delinquency (although I thought my loan was suspended through the pandemic).

Before charging off my loan do the loan provider have to give me notice via email / letter?

They often called me out of hours (something discover has been fined for in the past). What recourse do i have?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 13, 2020

A lender's "charge-off" of a loan debt does not affect your legal obligation to repay; the charge-off is an internal accounting/regulatory-driven function that adjusts (reduces) the lender's capital structure and lending authority. I am aware of no legal requirement that you,... Read more »

1 Answer | Asked in Bankruptcy for Florida on
Q: BK discharged 10 yrs ago. It was reopened today as trustee received money owed to me. Will the BK reappear on my credit?
Timothy Denison
Timothy Denison answered on Oct 8, 2020

Not if it had already disappeared from your credit.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: mortgage loan approved by lender but at final review they discover the membership account had been revoked.

The member 8-9 years ago was in chapter 13 and represented a loss for the lender. Can they asked the member to re-pay the old balance that was cleared and discharged from CH13?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 27, 2020

The so-called "permanent injunction", against creditors' attempting to collect a discharged debt, which accompanies the entry of every Discharge Order in bankruptcy, certainly seems to prohibit that sort of "ask". On the other hand, nothing in a bankruptcy Discharge... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: I was told I can only use the profit from selling my home to purchase another home if currently in ch. 13 bankruptcy.

Im separating and need to sell my home but my husband is in ch. 13, the attorney said he has to use the profit to purchase another home but only have a year to do so, is this true? Should I file for a divorce so this doesn’t affect me?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2020

You need to consult with an attorney of your own. It is unclear, for example, how you could sell the home without your husband's approval. Filing for divorce would not have any effect.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Do I qualify for 1st time homebuyer if I wanted to purchase a 2nd property although I live in my bankrupted home?

My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 20, 2020

Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.

If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.

Lastly, I don't understand the last...
Read more »

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