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Florida Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Florida on
Q: Hi If we purchased furniture and appliances on credit about 10 months ago, could it be repossessed in a chapter 7 ?

Also I have a car that is paid off and pretty new.

Since I don’t have a loan on it anymore can they take that as well? The car is under my name and my moms?

Timothy Denison
Timothy Denison answered on Aug 3, 2020

Yes. They could potentially be taken. Consult an experienced bankruptcy practitioner to see how best to protect your assets.

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am in need of Bankruptcy Layer

2 years out of work and finally received SSI Diasbility but deeply in dept.

Timothy Denison
Timothy Denison answered on Jul 28, 2020

Contact your local bar association or legal aid society. They maintain lists of reduced fee or pro bono lawyers who may be able to help you.

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3 Answers | Asked in Bankruptcy for Florida on
Q: A car is being held at a bodyshop because the insurance company filed bankruptcy, when can the car be released?

Can the bodyshop charge the car owner for any balance after the court settles the bankruptcy?

Timothy Denison
Timothy Denison answered on Jul 26, 2020

At the completion of the bankruptcy.

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2 Answers | Asked in Bankruptcy for Florida on
Q: In want to file for bankruptcy because I had a court citation for debt collector, but I own a car that if value of 9900

The car if paid. Can I lose the car. What are my options. My total debt is 50000

Timothy Denison
Timothy Denison answered on Jul 21, 2020

Consult your bankruptcy attorney for the possible s enarios but there are several exemptions you may use to protect your car if they fit with your other priory.

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1 Answer | Asked in Bankruptcy for Florida on
Q: My husband and I filed for Chapter 7 bankruptcy in jan, and it was discharged in May

we own a home in Florida and of course plan on keeping it. I noticed my mortgage company stopped reporting on my credit, and it also appears my lawyer never reaffirmed the house as the mortgage company advised me when I called them, although my lawyers office told me to call the bank and they do... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Jul 21, 2020

Depending on the district you are in, you may be able to reopen the bankruptcy case, vacate the discharge for purposes of filing the reaffirmation agreement, file the reaffirmation agreement and obtain the order and have the discharge reissued and the case closed. We can do that in the Southern... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: What happens on credit report if you keep making mortgage payments on chapter 7? I no longer see my mortgage at all

Not only don't I see my mortgage being reported on my credit, it's completely wiped out as if it's paid??? I have Wells Fargo and have never been late

Is it better to have a Reaffirmation Agreement? Is it the same to have as not to have one, other then without it never gets... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Jul 14, 2020

Creditors do not have to report to the credit bureaus. If you didn't reaffirm the mortgage, you aren't personally liable on the debt, and the mortgage company generally would stop reporting. The mortgage company retains its lien and you must continue paying to avoid foreclosure.

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3 Answers | Asked in Bankruptcy for Florida on
Q: What happens on credit report if you keep making mortgage payments on chapter 7? I no longer see my mortgage at all

Not only don't I see my mortgage being reported on my credit, it's completely wiped out as if it's paid??? I have Wells Fargo and have never been late

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

It is my understanding that credit reporting agencies normally only report delinquencies. If you are making timely payments, I don't believe that would be reported at all.

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1 Answer | Asked in Bankruptcy for Florida on
Q: In the Florida Middle District Bankruptcy Court....

Is there a limit on the number of times the court will allow the debtor to become several months behind on his scheduled payments? I am a creditor on my ex husbands chapter 13 and the trustee has now entered her third request for dismissal ( he's three payments behind and will be four as of... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

It is all within the sound discretion of the court, but it sounds like he has about run out of chances. Be patient and he will ultimately get what’s coming to him.

1 Answer | Asked in Bankruptcy for Florida on
Q: Employer bankruptcy and severance question

I was laid off due to COVID-19. My former employee offered a severance to be paid on a biweekly basis. They have since filed for Chapter 11 bankruptcy. So far, they have continued to make the payments. My question relates to filing as a creditor. If I file, will my former employer stop making these... Read more »

Timothy Denison
Timothy Denison answered on Jun 22, 2020

They will likely continue to pay since employee benefits are unsecured priority claims that still have to be paid.

1 Answer | Asked in Bankruptcy for Florida on
Q: Ch 13 Property/Collateral, Middle FL. "See More Info". Please explain (Spouse did this I had no idea) Can we keep house

Property of the estate

(a) ___x____ shall not vest in Debtor until the earlier of Debtor’s discharge or

dismissal of this case, unless the Court orders otherwise, or

(b) _______ shall vest in Debtor upon confirmation of the Plan.

The property is listed under here:... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 18, 2020

You should go see a bankrtupcy lawyer in the morning. It is impossible to give you rational advice with this little bit of info.

This is like doing brain surgery on yourself if you continue down this path.

Good Luck

d

3 Answers | Asked in Contracts and Bankruptcy for Florida on
Q: What are my rights on a promissory note on a property I invested in

I invested in a property to which I have a promissory note and after the 6 months, I would be receiving my investments back plus the interest. The promissory notes specifically states the address of the property I have the note against. 5 months in to the agreement, the debtor sold the property and... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Jun 16, 2020

Basically you have an unsecured debt in bankruptcy but you may be able to be paid out of the proceeds of the sale. Was the property the homestead property of the person who sold? My advice is to immediately retain an attorney who understands real estate, contracts and bankruptcy law and have them... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: My wife and me filed bankruptcy chapter 7 on 03/09/2020 in Miami FL, on May 4 we had the court meeting.

We were informed one week after court we don't need to pay any debit.

Two weeks after that my wife was laid from her job and received a severance payment for 20 years working there .

The question is do i need to report to the court this, and they could take the money, we... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 13, 2020

No. you don't need to report the post-petition severance payment. The notice you received was probably just a pro-forma finding that the chapter 7 case is a "no asset" case; i.e.: nothing for the trustee to administer.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is deferred principal of a mortgage required to be repaid as arrears in chapter 13 bankruptcy?
Sherri B. Simpson
Sherri B. Simpson answered on Jun 7, 2020

The deferred principal of a mortgage under a modification agreement has to be repaid in accordance with the terms of the modification agreement. Without reading it, I can't state with 100% positivity but usually the deferred portion does not need to be repaid as arrears in a chapter 13... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Does the deferred portion of a mortgage from prior mod have to be repaid as arrears in a Chapter 13 bankruptcy?

I am in the process of filing Ch. 13. Our Foreclosure judgement lists an amount appox. $31k for "streamline mods" as part of the total due back to the lender as part of the foreclosure. This is an amount of prinicipal that was deferred to either sale of home or maturity of loan as part of... Read more »

Timothy Denison
Timothy Denison answered on Jun 3, 2020

Depends on the terms of the loan modification.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Why is Florida public record showing a judgement that was re-recorded before my Chapter 7 Bankruptcy was discharged.

Does a specific part of my petition need to be sent to Florida's public record agency? Civil circuit court has one document attached and the judgement is closed showing a zero balance.

Timothy Denison
Timothy Denison answered on Jun 1, 2020

They probably have not been notified. Send a copy of your petition and discharge to the agency showing it and they will likely correct it.

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2 Answers | Asked in Bankruptcy for Florida on
Q: If my wife files for Bankruptcy, will that affect my Security Clearance?
Walter F. Benenati
Walter F. Benenati answered on May 16, 2020

No it should not if she files and you don't. It may not affect your security clearance for you if you join her. You would need to check with your supervisor. We file clients with security clearances all the time. Sometimes the agency requires them in a Chapter 13 to pay back their debts. Best... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Can I keep loan repayments being paid to me for money owed from a loan I gave a business if I file bankruptcy?

Or will it be counted as extra monthly income, or will the full amount still owed be counted as an asset and taken away from me? My only other income and assets are exempt,(social security and Florida State employee retirement and an IRA) and I qualify for Chapter 7. I would hate to lose all of... Read more »

David Luther Woodward
David Luther Woodward answered on May 13, 2020

Without looking at your complete financial picture it is hard to make a definitive answer, but usually promissory notes are assets which belong to the bankruptcy estate. It truly depends on your particular status and the status of the debt to you. I hope you are not contemplating a DIY case,... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, my son has a lot of credit card debt, currently unemployed, no income or assets,

is it best to send creditors a cease and desist letter, or just hire an Attorney with a retainer, to just take calls ,and tell creditors he is represented, I can not handle the phone calls

Timothy Denison
Timothy Denison answered on Apr 22, 2020

As soon as he files the bk, all letters, calls, communications cease.

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2 Answers | Asked in Bankruptcy for Florida on
Q: How long after filing chapter 7 bankruptcy do I need to report a new assets?

I filed bankruptcy, without my spouse, and I’m currently waiting for discharge. My spouse, who holds the home mortgage alone, would like to do a cash out refinance for home repairs and add my name to the house title. How long is the trustee entitled to new assets after filing or discharge?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2020

The trustee can't claim any interest in assets acquired after the date your Chapter 7 petition was filed, and to my knowledge there is no requirement of a post-filing supplemental statement of assets and liabilities.

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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.

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