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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: In a partition act, what if one owner files for bankruptcy before the partition act was filed?

The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?

James L. Arrasmith
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answered on Feb 24, 2024

If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Florida on
Q: What are the rules for filing a tax return after ch. 7 bankruptcy has been discharged?

My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More

James L. Arrasmith
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answered on Jan 13, 2024

Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More

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1 Answer | Asked in Bankruptcy and Tax Law for Florida on
Q: My ch 7 bankruptcy was discharged. Can my ex-husband include our sons in his tax return to claim the Child Tax Credit?

My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More

James L. Arrasmith
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answered on Jan 12, 2024

Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More

2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

James L. Arrasmith
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answered on Jan 9, 2024

Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More

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2 Answers | Asked in Bankruptcy and Immigration Law for Florida on
Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

Filing for bankruptcy shouldn't automatically throw a wrench into your VAWA petition. They're kind of like two separate lanes with different reasons and processes. That being said, USCIS might still take a peek into your moral character evaluation. Being upfront about it is key. It's... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: If I file for bankruptcy , Chapter 7, would I lose my house and furnishings, items? Thank you.

I am not behind on my mortgage payments.

James L. Arrasmith
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answered on Jan 12, 2024

Filing for Chapter 7 bankruptcy involves a complex assessment of your assets, including your house and personal items. The impact on your house and belongings depends on various factors, including the equity in your home and the exemptions you can claim.

If you are current on your mortgage...
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3 Answers | Asked in Bankruptcy for Florida on
Q: If I file for bankruptcy , Chapter 7, would I lose my house and furnishings, items? Thank you.

I am not behind on my mortgage payments.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 8, 2024

Florida, like Texas, is known nationally for its generous exemptions from attachment by creditors both in and out of bankruptcy.

In most states, state law exemptions may be claimed in a bankruptcy case, but you need to confirm that with an experienced FL bankruptcy attorney.

There...
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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

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

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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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

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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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?

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?

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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