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Florida Bankruptcy Questions & Answers
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.

1 Answer | Asked in Bankruptcy for Florida on
Q: Instead of Bankruptcy can I sell a Vacant lot I own and negotiate with my Creditors?

I am looking for an alternative to Bankruptcy. Chapter 13 doesn't work for me it seems to expensive. Chapter 7 seems like my only way. I do have a Bankruptcy Lawyer but looking for a second opinion. I own a Condo and a vacant lot. I don't have any other assets. Since Covid having problems... Read more »

Stuart A. Young
Stuart A. Young answered on Oct 5, 2021

Debt settlement may be OK but do not forget that you will get a 1099 tax form from each creditor that you settle with. Any reduction in debt or debt forgiveness will be treated as a "taxable event" and you will have to pay income tax next year on every penny that you save. In bankruptcy,... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What steps do I take if a debt collector sues me for 2year old debt
Timothy Denison
Timothy Denison answered on Sep 14, 2021

Pay it or hire an attorney and defend it.

2 Answers | Asked in Bankruptcy for Florida on
Q: If I stop making my chapter 13 payment, what happens and how long would it take.

I have decided to sale my house and pay the chapter 13 in full. However, I need to use the money I would normally make my payment with to make home improvements.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 27, 2021

File a modified plan, providing for the sale of your home and the revised payment of your creditors.

Keep in mind that you have the right to keep exempt property, or the proceeds therefrom.

Talk to your bankruptcy lawyer about these issues.

If you do not modify your plan to...
Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi I am in a chapter 13 due to throat Cancer and co pays I can no longer make payments

my lawyer wants $3150 to convert 7 i can't afford that can i convert it my self or get a less expensive lawyer ?

Anna L Self
Anna L Self answered on Aug 23, 2021

Yes, you can find a less expensive lawyer. You can also try Legal Aid to see if they can assist you. I don't recommend that you convert it yourself. Good Luck!

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Either way Wil be fine.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Is okay to apply for credit during a Chapter 7 bankruptcy prior to discharge?

no other info.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 1, 2021

Sure, you can try, but no lender out there that I know of will extend you credit until your discharge has been entered.

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: When you were in a car accident and you haven't settle yet, do you have to disclose the info when you are filing

chapter 7 bankruptcy

Cristina M. Lipan
Cristina M. Lipan answered on Jun 25, 2021

Yes, any claims that existed as of the filing date of the bankruptcy is property of the estate. See Koch v National Basketball Association: https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1263295.html

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2 Answers | Asked in Bankruptcy for Florida on
Q: Senior citizen filing bankruptcy. Have no assets. Can I withdraw my Checking" account money?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 24, 2021

Well, if you have money in a checking account, then you do have assets. If you're withdrawing $20,000 to give to your child as a gift then no, and a Trustee would sue your child. But if you're withdrawing $20 to buy groceries, that's fine. Certain assets (and you absolutely have... Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 21, 2021

You can not pick and choose. If you file bankruptcy, it affects all your debts and all of your assets.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Do I make payments during chapter 7 on title loan?

I recently asked a question. I am looking to update my forms and submit a reaffirmation agreement for my vehicle as I do not want to lose it. While the reaffirmation agreement is being processed in the proceedings do I continue to make payments as I normally would. I would like to know as I am... Read more »

Timothy Denison
Timothy Denison answered on Jun 14, 2021

Ask your lawyer. You can try but they may not accept them until the read is approved by the court. It varies state to state.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Do I make payments on my car during bankruptcy proceedings.

I have a title loan on my car and I filed for chapter 7 in middle court of Florida. I checked that I wanted to keep making payments because I didn’t want to reaffirm or give up my vehicle. My car is exempt. I was wondering if I had to keep making payments during chapter 7 proceedings or would i... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 14, 2021

The Bankruptcy Code gives a Ch. 7 debtor three choices of how to handle a secured claim- surrender the collateral to the creditor in full satisfaction of the secured claim; redeem, i.e., pay the secured claim in cash, or reaffirm the debt.

Perfected liens against collateral are NOT...
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2 Answers | Asked in Bankruptcy for Florida on
Q: I posted a question earlier and got the answer but I made a mistake (paying for home insurance)

I mean paying for the home warranty for the appliances in the house. He pays for home insurance and property taxes.. Its his home after all not mine. Does this changes anything?

Correcting Prior post: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 7, 2021

If your boyfriend is considered part of your household, his income is needed for the means test. I am not saying he is or isn't, but is a question specific to your jurisdiction. Your attorney would know. If your attorney has asked for the income, then it's probably needed.

See...
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4 Answers | Asked in Bankruptcy for Florida on
Q: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food.

I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food, utility and home insurance. question, is my BF income need to be included with my income in chapter 7? All the debits are mine and under my name . He is not filling for bankruptcy... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 7, 2021

The issue of household income is separate from what debts exist and who is filing for bankruptcy. The household income is to determine the means test only. Who is a member of your household is the next question. If your attorney believes your BF is a "member of the household" for means... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am 59 yrs old and in disability, I earn SSD & LTD. am over $50000 in debit including $7900 IRS from 2017.

Can the IRS debits be discharged in chapter 7? My LTD will run off in 5 years and I don't have enough credits to qualify for retirement income.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 7, 2021

Unpaid federal income tax debts become dischargeable two years and four months after the tax return is filed with the IRS. If you have filed the 2017 return more than 2 years and four months before you file a bankruptcy, the tax debt should be dischargeable, but only IF the IRS has not filed a... Read more »

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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...
Read more »

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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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