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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: In the Florida Middle District Bankruptcy Court....

Is there a limit on the number of times the court will allow the debtor to become several months behind on his scheduled payments? I am a creditor on my ex husbands chapter 13 and the trustee has now entered her third request for dismissal ( he's three payments behind and will be four as of... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

It is all within the sound discretion of the court, but it sounds like he has about run out of chances. Be patient and he will ultimately get what’s coming to him.

1 Answer | Asked in Bankruptcy for Florida on
Q: Employer bankruptcy and severance question

I was laid off due to COVID-19. My former employee offered a severance to be paid on a biweekly basis. They have since filed for Chapter 11 bankruptcy. So far, they have continued to make the payments. My question relates to filing as a creditor. If I file, will my former employer stop making these... Read more »

Timothy Denison
Timothy Denison answered on Jun 22, 2020

They will likely continue to pay since employee benefits are unsecured priority claims that still have to be paid.

1 Answer | Asked in Bankruptcy for Florida on
Q: Ch 13 Property/Collateral, Middle FL. "See More Info". Please explain (Spouse did this I had no idea) Can we keep house

Property of the estate

(a) ___x____ shall not vest in Debtor until the earlier of Debtor’s discharge or

dismissal of this case, unless the Court orders otherwise, or

(b) _______ shall vest in Debtor upon confirmation of the Plan.

The property is listed under here:... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 18, 2020

You should go see a bankrtupcy lawyer in the morning. It is impossible to give you rational advice with this little bit of info.

This is like doing brain surgery on yourself if you continue down this path.

Good Luck

d

3 Answers | Asked in Contracts and Bankruptcy for Florida on
Q: What are my rights on a promissory note on a property I invested in

I invested in a property to which I have a promissory note and after the 6 months, I would be receiving my investments back plus the interest. The promissory notes specifically states the address of the property I have the note against. 5 months in to the agreement, the debtor sold the property and... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Jun 16, 2020

Basically you have an unsecured debt in bankruptcy but you may be able to be paid out of the proceeds of the sale. Was the property the homestead property of the person who sold? My advice is to immediately retain an attorney who understands real estate, contracts and bankruptcy law and have them... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: My wife and me filed bankruptcy chapter 7 on 03/09/2020 in Miami FL, on May 4 we had the court meeting.

We were informed one week after court we don't need to pay any debit.

Two weeks after that my wife was laid from her job and received a severance payment for 20 years working there .

The question is do i need to report to the court this, and they could take the money, we... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 13, 2020

No. you don't need to report the post-petition severance payment. The notice you received was probably just a pro-forma finding that the chapter 7 case is a "no asset" case; i.e.: nothing for the trustee to administer.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is deferred principal of a mortgage required to be repaid as arrears in chapter 13 bankruptcy?
Sherri B. Simpson
Sherri B. Simpson answered on Jun 7, 2020

The deferred principal of a mortgage under a modification agreement has to be repaid in accordance with the terms of the modification agreement. Without reading it, I can't state with 100% positivity but usually the deferred portion does not need to be repaid as arrears in a chapter 13... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Does the deferred portion of a mortgage from prior mod have to be repaid as arrears in a Chapter 13 bankruptcy?

I am in the process of filing Ch. 13. Our Foreclosure judgement lists an amount appox. $31k for "streamline mods" as part of the total due back to the lender as part of the foreclosure. This is an amount of prinicipal that was deferred to either sale of home or maturity of loan as part of... Read more »

Timothy Denison
Timothy Denison answered on Jun 3, 2020

Depends on the terms of the loan modification.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Why is Florida public record showing a judgement that was re-recorded before my Chapter 7 Bankruptcy was discharged.

Does a specific part of my petition need to be sent to Florida's public record agency? Civil circuit court has one document attached and the judgement is closed showing a zero balance.

Timothy Denison
Timothy Denison answered on Jun 1, 2020

They probably have not been notified. Send a copy of your petition and discharge to the agency showing it and they will likely correct it.

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2 Answers | Asked in Bankruptcy for Florida on
Q: If my wife files for Bankruptcy, will that affect my Security Clearance?
Walter F. Benenati
Walter F. Benenati answered on May 16, 2020

No it should not if she files and you don't. It may not affect your security clearance for you if you join her. You would need to check with your supervisor. We file clients with security clearances all the time. Sometimes the agency requires them in a Chapter 13 to pay back their debts. Best... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Can I keep loan repayments being paid to me for money owed from a loan I gave a business if I file bankruptcy?

Or will it be counted as extra monthly income, or will the full amount still owed be counted as an asset and taken away from me? My only other income and assets are exempt,(social security and Florida State employee retirement and an IRA) and I qualify for Chapter 7. I would hate to lose all of... Read more »

David Luther Woodward
David Luther Woodward answered on May 13, 2020

Without looking at your complete financial picture it is hard to make a definitive answer, but usually promissory notes are assets which belong to the bankruptcy estate. It truly depends on your particular status and the status of the debt to you. I hope you are not contemplating a DIY case,... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, my son has a lot of credit card debt, currently unemployed, no income or assets,

is it best to send creditors a cease and desist letter, or just hire an Attorney with a retainer, to just take calls ,and tell creditors he is represented, I can not handle the phone calls

Timothy Denison
Timothy Denison answered on Apr 22, 2020

As soon as he files the bk, all letters, calls, communications cease.

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2 Answers | Asked in Bankruptcy for Florida on
Q: How long after filing chapter 7 bankruptcy do I need to report a new assets?

I filed bankruptcy, without my spouse, and I’m currently waiting for discharge. My spouse, who holds the home mortgage alone, would like to do a cash out refinance for home repairs and add my name to the house title. How long is the trustee entitled to new assets after filing or discharge?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2020

The trustee can't claim any interest in assets acquired after the date your Chapter 7 petition was filed, and to my knowledge there is no requirement of a post-filing supplemental statement of assets and liabilities.

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1 Answer | Asked in Bankruptcy for Florida on
Q: if you file for bankruptcy in NC, is your home protected ?

I currently have a home in NC. If NC becomes my primary residence, what is their state income tax rate, and is your home protected if you have to file bankruptcy?

Timothy Denison
Timothy Denison answered on Apr 1, 2020

See my answer to previous question.

2 Answers | Asked in Bankruptcy for Florida on
Q: In a chap 13, payments doubled in 14 months. Now motion to dismiss delinquent interim payment. 21 day to cure. Now what?

Every 3 months plan increased. Asked attorney about catching up prior payments was told they will spread delinquent amount over next 45 months payment. Now motion to dismiss in 21 days if don't pay 7450. Do not have money and cannot get in 21 days or even 60 days. We made all payments on time... Read more »

Timothy Denison
Timothy Denison answered on Mar 25, 2020

Consult your bankruptcy attorney about converting to Chapter 7.

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2 Answers | Asked in Bankruptcy for Florida on
Q: If I am in a chapter 11 and chapter 13 working reorganization can I still get the Small business bridge loan application

I am a working chapter 11 and chapter 13 with great p&ls and balance sheets . The 13 will be down at the end of this month and the 11 will be done in April . I am running four restaurants that had to close due to Covid-19 virus forced by Florida governor for restaurants. I need the money to... Read more »

David Luther Woodward
David Luther Woodward answered on Mar 22, 2020

What's the question?

Ask your lawyer. You cannot be doing a 13 and 11 without professional help, and that lawyer knows all the facts. You must respect the standing orders of the court until otherwise modified.

Good Luck

d

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4 Answers | Asked in Bankruptcy and Small Claims for Florida on
Q: Does successfully cashing a previously bounced NSF debtor's check during a ch7 bankruptcy violate the automatic stay?

My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2020

It appears to me that, since you didn't know if the bankruptcy filing when you cashed the check, you have not violated the automatic stay.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Can I file chapter 7 bankruptcy? I just found out one month before retirement, an old business judgment from 12 years

I just found out one month before retirement, an old business civil lawsuit judgment from 12 years ago is attempting to be collected. I would like to consider filing chapter 7 bankruptcy. I am 65 years old and planning to retire this year. Pre-retirement my income was $175,000. Post retirement... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2020

Sure, you can file for bankruptcy protection, although a chapter 13 might be more appropriate. But with an annual income of $84 K, it doesn't make any sense to not consult with your own bankruptcy attorney; it's not like you can't afford it.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Hello Is it allowed to take a hardship withdrawal from our 401K loan to pay off the balance of a chapter 13 we have?
Timothy Denison
Timothy Denison answered on Mar 10, 2020

Possibly. Depends on the terms of your plan.

1 Answer | Asked in Bankruptcy for Florida on
Q: Can portfolio recovery associates take you to court
Timothy Denison
Timothy Denison answered on Mar 9, 2020

Absolutely.

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