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Florida Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Florida on
Q: My student loan has been charged off due to delinquency (although I thought my loan was suspended through the pandemic).

Before charging off my loan do the loan provider have to give me notice via email / letter?

They often called me out of hours (something discover has been fined for in the past). What recourse do i have?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 13, 2020

A lender's "charge-off" of a loan debt does not affect your legal obligation to repay; the charge-off is an internal accounting/regulatory-driven function that adjusts (reduces) the lender's capital structure and lending authority. I am aware of no legal requirement that you,... Read more »

1 Answer | Asked in Bankruptcy for Florida on
Q: BK discharged 10 yrs ago. It was reopened today as trustee received money owed to me. Will the BK reappear on my credit?
Timothy Denison
Timothy Denison answered on Oct 8, 2020

Not if it had already disappeared from your credit.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: mortgage loan approved by lender but at final review they discover the membership account had been revoked.

The member 8-9 years ago was in chapter 13 and represented a loss for the lender. Can they asked the member to re-pay the old balance that was cleared and discharged from CH13?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 27, 2020

The so-called "permanent injunction", against creditors' attempting to collect a discharged debt, which accompanies the entry of every Discharge Order in bankruptcy, certainly seems to prohibit that sort of "ask". On the other hand, nothing in a bankruptcy Discharge... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: I was told I can only use the profit from selling my home to purchase another home if currently in ch. 13 bankruptcy.

Im separating and need to sell my home but my husband is in ch. 13, the attorney said he has to use the profit to purchase another home but only have a year to do so, is this true? Should I file for a divorce so this doesn’t affect me?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2020

You need to consult with an attorney of your own. It is unclear, for example, how you could sell the home without your husband's approval. Filing for divorce would not have any effect.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Do I qualify for 1st time homebuyer if I wanted to purchase a 2nd property although I live in my bankrupted home?

My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 20, 2020

Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.

If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.

Lastly, I don't understand the last...
Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Bought a home in 2006 with ex g/f. She left in 2010, filed bankruptcy in 2013. Is she entitled to money if I sell?

When ex-girlfriend filed bankruptcy, it released her from the note on the home we purchased together. She is however still listed on the deed. I have paid every month on time and now wish to sell the home. Is she entitled to half of the profits even though she left in 2010, filed bankruptcy and... Read more »

Timothy Denison
Timothy Denison answered on Sep 9, 2020

No. It belongs to you.

2 Answers | Asked in Bankruptcy for Florida on
Q: The question is using the Federal Bankruptcy Wildcard Exemption with the unused portion of the homestead exemption

If I am not a homeowner but rather I rent, am I still eligible to use the unused portion of the homestead exemption with the federal wild card exemption or must you own a home to even qualify to be given that option... Thank You

Stuart A. Young
Stuart A. Young answered on Aug 31, 2020

The enhanced personal property exemption or "wild card" was designed to be used for people who do not claim a homestead exemption because they rent or live with somebody or just don't own a home for any reason. Interestingly, you can own a mobile home and also get the enhanced... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: We filed a bankruptcy in 2015 and was discharged in sept 13th 2016 we repaid creditors . we had our primary residence 1

investmnt fast forward to 2020 we want to apply for a loan do we use our discharge date or the forclosure date from the investment property ?

Timothy Denison
Timothy Denison answered on Aug 11, 2020

Discharge date.

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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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3 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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