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Florida Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Florida on
Q: If my ex files bankruptcy and we co own a home in Florida that I live in with my children, will my home be foreclosed on

We were never married. I went through a modification but have since completed and returned to making regular payments

Rand Scott Lieber
Rand Scott Lieber answered on Jan 14, 2022

You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am wanting advice on waiting out the statute of limitations instead of filing bankruptcy.

I have approx $116k of cc debt. Amex has sued me twice (IN and CA) but dismissed their suits. Otherwise I’m just getting calls and emails, and the debt has been sold.

I have no assets except a $3k used car. I lease my residence and have less than $1k in my checking account and a small... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

Assuming that you have no dependent, the Uber income, and the futures trading income are probably not exempt from garnishment. I suggest that you wait to see if they sue you, and at that point again consider bankruptcy protection.

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2 Answers | Asked in Bankruptcy and Collections for Florida on
Q: I need a lawyer who is prono Bono

For bankruptcy I had two jobs working part-time the people who are assuming me is the bank but the truck that I got through a car dealer the very first day I drove off the lot I had trouble I had to go buy three new tires the tires were so dry rotted long story short story so they're coming... Read more »

Timothy Denison
Timothy Denison answered on Dec 28, 2021

Contact your local bar association or legal aid society for a list of pro Bono attorney.

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1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Jane Kim
Jane Kim answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: Ex-husband is filing Chapter 13. According to the divorce decree, he was to buy me out of my interest in the house with

36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...

Timothy Denison
Timothy Denison answered on Oct 28, 2021

Doesn’t affect them at all. He’s still obligated to pay you per the decree.

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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...
Read more »

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