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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: My bankruptcy attorney name now appears on my mortgage bill. Why?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 7, 2023

It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.

In addition, it is common for debtor's counsel to alert...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Can I convert a Chapter 13 to a Chapter 7 before the meeting of the creditors? I can’t make my first payment.

My attorney’s paralegal told me that I do not qualify for Chapter 7, but I’m in dire financial straits. Worse than when I filed, and need to do the conversion. She told me that the Trustee will more than likely dismiss the case.

Matthew J. Sherman
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answered on Apr 17, 2023

A debtor may convert a chapter 13 case to a chapter 7 liquidation case, at any time. The right to convert to chapter 7 is unqualified and may not be waived. However, a case cannot be converted to a chapter for which a debtor is ineligible. Therefore, a debtor converting from chapter 13 to chapter 7... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Can a quit claim deed still be filed after home being discharged in Bankruptcy?

My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 28, 2023

It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Can a quit claim deed still be filed after home being discharged in Bankruptcy?

My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... Read more »

James Clifton
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James Clifton
answered on Mar 28, 2023

There are several issues to address here: 1) Even though your mother filed bankruptcy, the house may still be subject to the mortgage unless the balance of the loan has been paid in full. While a bankruptcy discharges the financial obligation to pay a mortgage, it does not remove the mortgage from... Read more »

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2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2023

I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: i filed chapter 13 in FL. didn't know i have to give back my tax return. can i get a medical exception?

i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 1, 2023

There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: What state offers offers better asset protection for personal vehicles under Chapter 7 bankruptcy law - FLorida or NC?

I'm filing for bankruptcy due to excessive credit card. Does it makes better sense to file here in Florida where I'm currently staying to help an elderly relative or my primary state of residency, North Carolina. Specifically, which state offers better asset protection for personal... Read more »

James L. Arrasmith
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answered on Feb 23, 2023

The bankruptcy laws in Florida and North Carolina both provide certain exemptions for personal property, including vehicles, which can protect them from being sold to pay off creditors. However, the specific rules and exemptions may vary depending on the state.

In Florida, personal vehicles...
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2 Answers | Asked in Social Security and Bankruptcy for Florida on
Q: I have a judgment against me. My income is social security disability. Can the judgment creditors levy bank acct Fl?

Judgment proof? Consumer loan. Aggressive collection agency.

James L. Arrasmith
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answered on Mar 4, 2023

It depends on the laws in your state and the specific circumstances of your case. In Florida, certain types of income, including Social Security Disability (SSDI), are exempt from garnishment. This means that a judgment creditor cannot levy your bank account if it contains only exempt funds, such... Read more »

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2 Answers | Asked in Social Security and Bankruptcy for Florida on
Q: I have a judgment against me. My income is social security disability. Can the judgment creditors levy bank acct Fl?

Judgment proof? Consumer loan. Aggressive collection agency.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 18, 2023

I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.

First, the creditor needs to know, or guess correctly, about the identity of your...
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2 Answers | Asked in Bankruptcy for Florida on
Q: I am trying to find a preparer to help with printing out my bankruptcy documents to file with the courts.
John Michael Frick
John Michael Frick
answered on Feb 7, 2023

This is unnecessary. Federal court documents are filed electronically via the federal court’s ECF system. Once the documents are prepared on a computer and electronically signed, you should file them electronically and keep a copy for your use.

If you want to retain a hard copy for your...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.

All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... Read more »

Timothy Denison
Timothy Denison
answered on Jan 5, 2023

It is likely not exempt, although depending on the value, you may be able to protect it with your FLorida or federal exemptions. Consult an experienced bankruptcy lawyer to review your entire financial situation.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.

All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 5, 2023

For as long as I've been practicing, Florida has been known as a debtor's haven, one of the most generous, along with Texas, to those who owe money to others.

While you don't mention the form of your expected bankruptcy case, the definition of what's includable in your...
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2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2022

To add to Ms. Kim's answer, though a creditor cannot take or force a sale of your homestead residence, the judgment lien would potentially be a problem if you sell your home in the future. You say you are unable to pay, which I assume means you cannot afford to pay. You therefore may be... Read more »

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2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Jane Kim
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answered on Dec 12, 2022

Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Florida on
Q: My mother has cancer. We are in Florida. The Mortgage for my house is in my step fathers name. The title is in my name

and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.

2 Answers | Asked in Bankruptcy for Florida on
Q: I have a sales date approaching next month after bankruptcy was dismissed. What can I do?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 5, 2022

It depends on what type of bankruptcy you filed and why it was dismissed. A chapter 7 does not protect the property from sale and only keeps the bank from holding you personally liable. I am guessing, and that's a big guess since you did not post sufficient facts, that you filed a Chapter 13... Read more »

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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 22, 2022

As Barbara queries, it depends on which of the types of obligation it was at the time of the discharge.

By the way, did she have a lawyer for her bankruptcy? If so, make an appointment and go back for advice.

If it is subject to the discharge the lawyer can file for contempt and...
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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Jane Kim
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answered on Jun 22, 2022

That debt was discharged only if the original company was listed as a creditor in bankruptcy.

You can contact the bankruptcy court and get a copy of the list of creditors to confirm, then bring the bankruptcy info. and the list of creditors to court.

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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 22, 2022

Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »

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