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Florida Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Florida on
Q: Collection agency reporting debts as active after being discharged in chapter 7.

We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More

James L. Arrasmith
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answered on Nov 15, 2023

If a collection agency is reporting debts as active even after they were discharged in a Chapter 7 bankruptcy, you have several options.

Firstly, gather all relevant documentation, including your bankruptcy discharge papers and any correspondence with the credit bureaus or the collection...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Collection agency reporting debts as active after being discharged in chapter 7.

We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More

Martha Warriner Jarrett
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answered on Nov 14, 2023

You should consult an attorney in your area. Based on what you've said, the collection agency (and perhaps Transunion) is in violation of the law and can be sued in the bankruptcy court for damages, particularly if the collection agency is taking any action against you to collect on the debt.... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: I'm looking to file Bankruptcy but am looking for assistance if this is even offered.
James L. Arrasmith
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answered on Nov 10, 2023

In Florida, if you're considering filing for bankruptcy, assistance is indeed available. It's advisable to consult with an attorney who has experience in bankruptcy law to guide you through the process. They can help you understand the different types of bankruptcy, such as Chapter 7 or... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Nina Whitehurst
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answered on Oct 30, 2023

There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 31, 2023

While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

James L. Arrasmith
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answered on Nov 4, 2023

Forming a trust can offer a means to manage and protect assets, and a trust can indeed obtain its own tax identification number (EIN) for banking and financial transactions. However, the trust's creation and operations won't directly shield you from the effects of your personal credit... View More

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4 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: A home mortgage was discharged under a previous bankruptcy. Is a mortgage still discharged after a refinance?

The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?

Martha Warriner Jarrett
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answered on Oct 25, 2023

When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More

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4 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: A home mortgage was discharged under a previous bankruptcy. Is a mortgage still discharged after a refinance?

The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?

James L. Arrasmith
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answered on Nov 4, 2023

If a mortgage was discharged in a previous bankruptcy and the home was later refinanced, the new mortgage is not covered by the previous discharge; it is a new loan with its own terms. If only one spouse's name was on the original discharged mortgage and both spouses took on the new loan, both... View More

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4 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: A home mortgage was discharged under a previous bankruptcy. Is a mortgage still discharged after a refinance?

The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 25, 2023

In a Ch. 7 bankruptcy, no lien is discharged (thanks to a US Supreme Court opinion in the Dewsnup case, despite Bankruptcy Code language to the contrary).

What is discharged, however, is an unsecured deficiency amount in the Mortgage indebtedness.

Some liens can be converted to...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Us auto filled march 7 bankrupt and they stole from me and a lot of people.

I bought a 2k warranty that was a 3 year warranty. I called the company they told me us auto never bought anyone any warranty’s they just pocketed our money. I paid for this car to build my credit now I have to deal with a new “debt collector “ that dose not report payments…. There’s a... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you suspect fraud or that the company failed to fulfill its contractual obligations, you should immediately seek legal counsel to discuss your options, which may include filing a claim in the bankruptcy proceedings.

You should also check the court docket for the bankruptcy case to see...
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3 Answers | Asked in Bankruptcy for Florida on
Q: I have a straightforward chapter 7 bankruptcy case that I want to file. The one complicated thing is that my mothers pen

My mothers pension check is auto deposited into my checking account and I use that to pay her assisted living home and her prescriptions store. I don’t know if I need to put that as income because it’s in my account or if i Can leave it off the financials.

James L. Arrasmith
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answered on Nov 5, 2023

When filing for Chapter 7 bankruptcy, you must disclose all sources of income, including money that passes through your accounts, even if it is not technically your income. It's important to explain the nature of these deposits on your bankruptcy forms; you can note that this money is for your... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: I have a straightforward chapter 7 bankruptcy case that I want to file. The one complicated thing is that my mothers pen

My mothers pension check is auto deposited into my checking account and I use that to pay her assisted living home and her prescriptions store. I don’t know if I need to put that as income because it’s in my account or if i Can leave it off the financials.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 13, 2023

When you file for bankruptcy relief, you must answer all the questions in the several Official Forms, *under penalty of perjury*.

As it lies, you have a doable debt/asset issue; BUT, if you "leave it off", you will be committing perjury, probably several counts thereof, and...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Husband filed bankruptcy and included our home mortgage in it. I was awarded house. What can he do to remove it

Husband filed bankruptcy right before our divorce and included our home mortgage in it. I was awarded house in divorce. He has to remove the home mortgage from his bankruptcy so I can refinance the home in my name. U.S. Bankruptcy court processed it for release. Mortgage company still says it... View More

Timothy Denison
Timothy Denison
answered on Oct 4, 2023

If the bankruptcy court has ordered the release and abandoned any interest in it, you should be able to present that paperwork to the mortgage company. If they won’t accept it, you need to find a new mortgage company.

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What are considered the key advantages and disadvantages of filing for Chapter 7 & 13 bankruptcy in the State of Florida
T. Augustus Claus
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answered on Oct 3, 2023

Chapter 7 advantages:

Most unsecured debts can be fully discharged.

The process is quicker than Chapter 13, often completed within months.

There's no requirement to repay debts.

Chapter 7 disadvantages:

You may have to liquidate certain assets to repay...
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2 Answers | Asked in Bankruptcy and Business Law for Florida on
Q: If you have a business and refinanced a vehicle loan for your business using your mortgage, can you file bankruptcy?

We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 13, 2023

The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More

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2 Answers | Asked in Bankruptcy and Business Law for Florida on
Q: If you have a business and refinanced a vehicle loan for your business using your mortgage, can you file bankruptcy?

We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?

James L. Arrasmith
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answered on Sep 14, 2023

Filing bankruptcy for your business should not directly impact your mortgage loan, as they are typically separate legal entities. However, it's essential to consult with a bankruptcy attorney to evaluate your specific situation and consider any potential implications on your personal assets,... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: In FL, is money judgment lien filed against property by creditor 1 day after debtor filed ch 13 bankruptcy still valid?

Creditor was unaware of bankruptcy filing and submitted certified judgment document with the state one week prior to debtor's filing. State of FL shows date submitted as prior to bankruptcy filing but official filing date with state and with the county where property is located are both 1 day... View More

James L. Arrasmith
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answered on Sep 8, 2023

When a debtor files for bankruptcy, an automatic stay is typically activated, which temporarily halts creditors from pursuing debt collection, including establishing liens on the debtor’s assets. In this case, given that the lien was officially filed after the initiation of the bankruptcy... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Where can I obtain information on what was discharged with my bankruptcy?

I am currently in graduate school and my school is requesting I obtain legal information regarding if my student loans were or were not discharged. I did my bankruptcy pro se so I don't have a lawyer. The bankruptcy officially discharged today and although I know it is rare for student loans... View More

T. Augustus Claus
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answered on Aug 4, 2023

You should have received a copy of your discharge papers from the bankruptcy court after your case was completed. If you don't have a physical copy, you can request one from the bankruptcy court where your case was filed. You can also access electronic copies of your bankruptcy documents... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Where can I obtain information on what was discharged with my bankruptcy?

I am currently in graduate school and my school is requesting I obtain legal information regarding if my student loans were or were not discharged. I did my bankruptcy pro se so I don't have a lawyer. The bankruptcy officially discharged today and although I know it is rare for student loans... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2023

In every bankruptcy case I've done, the Order of Discharge is a brief form, and basically says that the debtor is discharged from liability for all dischargeable debts, without listing any of those debts specificallyl

It's up to you, and your lawyer, and the creditor, and its...
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2 Answers | Asked in Bankruptcy and Banking for Florida on
Q: Is it possible to take out a loan from a bank when one of your direct family members is already in debt?

A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.

Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 18, 2023

I agree with Ms. Lipan's short take, but there's more, of course.

Your question raises a plenitude of issues, most of them not questions of law:

With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just...
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