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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: if you file for bankruptcy in NC, is your home protected ?

I currently have a home in NC. If NC becomes my primary residence, what is their state income tax rate, and is your home protected if you have to file bankruptcy?

Timothy Denison
Timothy Denison answered on Apr 1, 2020

See my answer to previous question.

2 Answers | Asked in Bankruptcy for Florida on
Q: In a chap 13, payments doubled in 14 months. Now motion to dismiss delinquent interim payment. 21 day to cure. Now what?

Every 3 months plan increased. Asked attorney about catching up prior payments was told they will spread delinquent amount over next 45 months payment. Now motion to dismiss in 21 days if don't pay 7450. Do not have money and cannot get in 21 days or even 60 days. We made all payments on time as... Read more »

Timothy Denison
Timothy Denison answered on Mar 25, 2020

Consult your bankruptcy attorney about converting to Chapter 7.

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2 Answers | Asked in Bankruptcy for Florida on
Q: If I am in a chapter 11 and chapter 13 working reorganization can I still get the Small business bridge loan application

I am a working chapter 11 and chapter 13 with great p&ls and balance sheets . The 13 will be down at the end of this month and the 11 will be done in April . I am running four restaurants that had to close due to Covid-19 virus forced by Florida governor for restaurants. I need the money to survive... Read more »

David Luther Woodward
David Luther Woodward answered on Mar 22, 2020

What's the question?

Ask your lawyer. You cannot be doing a 13 and 11 without professional help, and that lawyer knows all the facts. You must respect the standing orders of the court until otherwise modified.

Good Luck

d

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4 Answers | Asked in Bankruptcy and Small Claims for Florida on
Q: Does successfully cashing a previously bounced NSF debtor's check during a ch7 bankruptcy violate the automatic stay?

My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2020

It appears to me that, since you didn't know if the bankruptcy filing when you cashed the check, you have not violated the automatic stay.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Can I file chapter 7 bankruptcy? I just found out one month before retirement, an old business judgment from 12 years

I just found out one month before retirement, an old business civil lawsuit judgment from 12 years ago is attempting to be collected. I would like to consider filing chapter 7 bankruptcy. I am 65 years old and planning to retire this year. Pre-retirement my income was $175,000. Post retirement... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2020

Sure, you can file for bankruptcy protection, although a chapter 13 might be more appropriate. But with an annual income of $84 K, it doesn't make any sense to not consult with your own bankruptcy attorney; it's not like you can't afford it.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Hello Is it allowed to take a hardship withdrawal from our 401K loan to pay off the balance of a chapter 13 we have?
Timothy Denison
Timothy Denison answered on Mar 10, 2020

Possibly. Depends on the terms of your plan.

1 Answer | Asked in Bankruptcy for Florida on
Q: Can portfolio recovery associates take you to court
Timothy Denison
Timothy Denison answered on Mar 9, 2020

Absolutely.

1 Answer | Asked in Bankruptcy and Tax Law for Florida on
Q: My bankruptcy attorney never told me the trustee could take my tax refund. What recourse do I have for not being told?

I escaped a DV relationship with my 3 young kids. After I left I had to file bankruptcy b/c I wasn’t getting any help from their dad & I was drowning in debt. I make about $27k & I struggle to pay my monthly bills. So 10/2019 I hired an attorney & filed chapter 7. He said “you really don’t... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Consult your attorney. You may be able to amend your petition and exempt your return if you have enough unused exemptions to do so. There is no recourse on his failure to advise you unless the return issue would have kept you from filing in the first place.

1 Answer | Asked in Bankruptcy for Florida on
Q: Hi, I currently have $34,000 in medical bills. I've never built credit and my score is 488. Should I file bankruptcy?

I have never built credit. I am currently disabled and have not worked in 3 years so I have no income. Would it be smart to file?

Timothy Denison
Timothy Denison answered on Feb 8, 2020

Very probably yes, but before you do, you should consult a competent bankruptcy practitioner to examine your complete financial situation.

1 Answer | Asked in Bankruptcy for Florida on
Q: Can my ex wife include real estate the court awarded me in our divorce in her personal bankruptcy?

My ex was on the deed for two homes. The court declared one home non-marital and awarded me the other. The verbal decision was given on 11/8/19 and signed 1/31/20. She has 30 days to sign a quitclaim deed. My ex notified me 1/8/20 she had signed a contract to file bankruptcy and would do so... Read more »

Timothy Denison
Timothy Denison answered on Feb 4, 2020

If you were awarded it in the divorce, the property belongs to you whether she signs the quitclaim or not and the bankruptcy court will enforce the courts order. It is pursuant to a domestic settlement agreement and thus non-dischargeable in bankruptcy.

1 Answer | Asked in Bankruptcy for Florida on
Q: Can the $1000 post dated bad check my ex gave me be included in her personal bankruptcy?

My ex wife wrote me a bad check to reimburse me for money she took that belonged to me. She both took the money and wrote the NSF check after the judge ruled on our divorce but before the judge signed the decree. My ex told me she is filing for bankruptcy asap. Can she get out of paying a bad... Read more »

Timothy Denison
Timothy Denison answered on Feb 4, 2020

Probably not, because it is a crime. Second, if it’s ordered by the court pursuant to a property settlement in a divorce, it is noN-dischargeable.

2 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: Had foreclosure case against subject who 30 minutes before court claimed bankruptcy. What type attorney should I retain?
David Luther Woodward
David Luther Woodward answered on Jan 27, 2020

It appears from your question that you are a pro se DIY foreclosure "specialist". You need the lawyer you should have hired at the outset: a lawyer who does foreclosures, creditors rights and bankruptcy.

You will need help now.

Good Luck

d

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4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: What type of lawyer do I need?

I paid a company a $20k deposit and was told they have filed bankruptcy. This has not been confirmed and I have not received any notices in the mail. I would like to know my options.

Justin M. Gillman
Justin M. Gillman answered on Jan 27, 2020

I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: I paid a company a deposit and was told they have filed bankruptcy. How do I confirm this and what are my rights?

The company is located in Titusville, Florida and I am located in St. Petersburg, Florida.

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Pacer.gov

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2 Answers | Asked in Bankruptcy for Florida on
Q: My husband and I filed a Chapter 13 bankruptcy in 2005. The bankruptcy was discharged in May 2010.

The second mortgage (30,000) at the time and our first mortgage was (93,000). We have recently received a notice in the mail from a third-party creditor demanding to pay the second mortgage or they will foreclose on our home. When we filed the bankruptcy the second was field as a secured claim. We... Read more »

Timothy Denison
Timothy Denison answered on Jan 17, 2020

If the second mortgage was paid through the chapter 13 plan, then no. If it was not, then you could still owe it. See a competent bankruptcy attorney immediately.

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3 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I am a full time student. I have a collection agency foreclosing on my house I see judge 2/14. I owe 20000 house worth

140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?

David Luther Woodward
David Luther Woodward answered on Jan 17, 2020

You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.

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1 Answer | Asked in Bankruptcy, Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: I need an attorney who has extensive experience in cases as a defendant vs the SEC in Miami

See: SEC vs Dayne Roseman (Google search will show case and prosecutors)

Jonathan Blecher
Jonathan Blecher answered on Jan 16, 2020

I know an excellent lawyer, however I don't think I'm permitted to make referrals in this forum. You are free to reach out to me through my profile on Justia for more information. Jonathan Blecher

3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hello. I stopped making payments on my credit cards and I have sued and have a court date. Do I need to go or what

Others options do I have?

David Luther Woodward
David Luther Woodward answered on Jan 8, 2020

I assume you mean that the credit card company sued you.

I would suggest that you contact a good bankruptcy lawyer in Dade County. You can check the Dade County Bar Association's lawyer referral service to get names, but I would not delay.

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