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Florida Bankruptcy Questions & Answers

2 Answers | Asked in Bankruptcy for Florida on

Q: Hello filed chapter 13 on August 19 sale was on August 20. I called informed mortgage company.

The BK court failed to send the mortgage company the information to stop sale. So sale to place. whats my options

Timothy Denison answered on Aug 20, 2019

If you put them on notice of the filing prior to the sale, you can probably bring an action to terminate the sale.

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2 Answers | Asked in Bankruptcy for Florida on

Q: FL Chapter 13 Husband has debt no income can he file individually and use household (wife's) income?

Florida home husband holds mortgage does not have income. Wife has income and no debt but is on the deed. Can the husband file individual Chapter 13 using household (wife's) income? Or do we need to file Chapter 13 jointly?

Terrence H Thorgaard answered on Aug 13, 2019

No, he doesn't qualify for Chapter 11 if all the income is from the wife. But why file for Chapter 13 protection? The mortgage can, after obtaining relief from the automatic stay, still foreclose.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Florida on

Q: Me and my boyfriend are buying an apt My name will not be either I’m the deed nor the mortgage

Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership

Terrence H Thorgaard answered on Aug 9, 2019

If you are helping pay for the property, you should insist that you be on the deed. At the very least you and your boyfriend should have a written agreement.

3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on

Q: Me and my boyfriend are buying an apt My name will not be either I’m the deed nor the mortgage

Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership

Stephen K. Hachey answered on Aug 9, 2019

You would need to be on the deed or you could lend him the money for a 2nd mortgage on the property.

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2 Answers | Asked in Bankruptcy for Florida on

Q: I received a “Summary of Trustee’s Final Report and Applications for Compensation” in my bankruptcy case.

I do not understand most of it and contacted my attorney. But they are dragging their feet as they have with most everything else since the hearing. I would ask questions and would only be told to ignore it and don’t worry about it. There is a statement that says any objections need to be filed... Read more »

Timothy Denison answered on Jul 13, 2019

Your case is days away from being final and the discharge entered. One the trustee files that report, it’s all but over. I would seriously consider not objecting unless there is a glaring error or omission as it will hold up the entry of your discharge and closing of the case.

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3 Answers | Asked in Bankruptcy for Florida on

Q: In Florida, is a Chapter 7 BK client legally entitled to get a copy of their file from their BK attorney?

David Luther Woodward answered on Jul 8, 2019

It is my practice to provide my client with a digital copy of everything we produce and everything we receive. If he cannot receive digital cxopies, then they are mailed in hard copy.

I cannot understand why there is an issue with providing you copies, but if it persists, go to the clerk's...
Read more »

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4 Answers | Asked in Bankruptcy, Foreclosure, Civil Litigation and Probate for Florida on

Q: Can I join lawsuit on Wells Fargo??

Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.

David Luther Woodward answered on Jul 7, 2019

What is your question. The facts sound pretty grim

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3 Answers | Asked in Bankruptcy for Florida on

Q: Wife recently bought house in FL, I'm not on mortgage but only deed. If I file chapter 7 bk, will house be a part of bk?

All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »

Timothy Denison answered on Jun 27, 2019

Yes. The mortgage does not matter. Your name is on the deed and that indicates ownership. It will have to be included in the bankruptcy.

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2 Answers | Asked in Bankruptcy for Florida on

Q: Wondering if transferring my child’s car title out of my ex’s name/into my name will affect his Chapter 7 filing ..

My ex husband & I (divorced since 2016) agreed to buy our 16 year old daughter a vehicle last year. I was unable to qualify for the loan due to my credit so we used his credit, therefore the loan/title went in his name but I have personally made ALL payments including the down payment. The loan is... Read more »

Clark Dray answered on Jun 21, 2019

You didn't mention the value of the car, but for the purposes of this answer I'm going to assume that it exceeds the exemption amount.

Transferring the title into your name doesn't resolve the issue, it simply changes the nature of the problem. If your husband files bankruptcy with the...
Read more »

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1 Answer | Asked in Bankruptcy for Florida on

Q: I filed Bankruptcy in 2018 my wife however did not she is excluded on bankruptcy chapter 13. Can she purchase a car

Timothy Denison answered on Jun 15, 2019

Yes. She can do anything she wants.

2 Answers | Asked in Bankruptcy for Florida on

Q: I filed bankruptcy in 2014 or 15 how can I get a copy of it my lawyer seems to have been suspended and does not answer

I also have been contacted by a collection agency

Stuart Nachbar answered on Jun 13, 2019

You can go online to www.pacer.gov and set up an account and find it that way or you can go to the Bankruptcy Court and make the request

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1 Answer | Asked in Bankruptcy for Florida on

Q: How many days does a non-moving party have to respond to MSJ in bankruptcy court in the southern district of Florida?

David Luther Woodward answered on Jun 10, 2019

Check the BK rules of procedure. I think it is 14, but don't guess. Know for sure. You can download the rules easy enough.

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2 Answers | Asked in Bankruptcy for Florida on

Q: Is my annuity I received as a Florida resident still protected from BK, now that I’m a MT resident but having to use FL.

I was a Resident of Florida when I received a annuity 10 years ago. I now moved to Montana and am a Montana resident but have not been here two years. I am filing bankruptcy and have to use for the Florida laws. I knew my annuity was protected in Florida when I was there but is it still protected... Read more »

Timothy Denison answered on May 23, 2019

It should still be protected by the exemptions, but you need to consult a bankruptcy lawyer to examine all the angles.

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1 Answer | Asked in Bankruptcy and Consumer Law for Florida on

Q: How do I get Midland Funding to drop a lawsuit for a Walmart credit card debt against my elderly aunt?

She was served with a summons to appear for a court date. Her and my uncle live on social security only, have no assets but a 2002 Dodge they use to go back and forth to the store. She called Midland Funding to tell them this and they insisted that she will still have to go to court, but to avoid... Read more »

Timothy Denison answered on May 22, 2019

Hire a local debtor creditor lawyer to handle for her. Depending on the amount of the debt, they can probably resolve it for 25-50% of the face value of the debt.

2 Answers | Asked in Bankruptcy for Florida on

Q: Are VA Disability payments exempt from creditor claims (secured or unsecured) in Florida Chapter 13 bankruptcy?

Began Chpt 13 bankruptcy payments nearly a year ago. Subsequently, the VA awarded me 80% disability payments retroactive to before I filed bankruptcy. I'm 74. I posted this question before, and the two lawyers that responded said this income could not be claimed by the trustee to satisfy creditors... Read more »

Clark Dray answered on May 21, 2019

Sometimes the law is messy and there's no clear answer. While VA Disability is protected under federal and state law, it's not excluded from income for means testing purposes and a Chapter 13 requires that you pay into the plan all of your disposable income. So there's a conflict there that needs... Read more »

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1 Answer | Asked in Bankruptcy for Florida on

Q: My wife didnot file chapter 13 with me can she apply for car loan long as Im not on title

David Luther Woodward answered on May 17, 2019

Provided she meets that qualifications of the proposed lender there is nothing that prohibits her from buying a car for which the loan is in her name only.

Good Luck

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2 Answers | Asked in Bankruptcy for Florida on

Q: After chapter 13 bankruptcy payments begin, can trustee take VA disability income away?

I'm 74 years old. Chapter 13 payments began in July of last year, to save house and repay a certain percentage of unsecured debt, on 5-year plan. They take over half of fixed income from military retirement, SS, and pension plans. At the time I was only on 40% of VA disability, so no direct... Read more »

Timothy Denison answered on May 9, 2019

You must report it to the Trustee, but the Trustee cannot seize your disability income.

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2 Answers | Asked in Bankruptcy for Florida on

Q: My car has been repo...will I still be able to file chapter 13....

Timothy Denison answered on May 2, 2019

Yes. But you may not be able to get the car back.

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3 Answers | Asked in Bankruptcy for Florida on

Q: I have read that if your credit card debt and mortgage are from the same bank, that bankruptcy will not protect me from

a lien being placed on my home. Homestead doesn't apply. Is this true?

Timothy Denison answered on Apr 11, 2019

If you have a mortgage, you already have a lien on your property. Whether the credit card debt is tied to a lien on the property will depend on the terms of the credit card agreement. You should contact s lawyer to have them review this for you.

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1 Answer | Asked in Bankruptcy for Florida on

Q: How to get rid of judgement lien against my present home two credit cards when my I declared Chapter 7 bankruptcy 2012

Chapter 7 Bankruptcy Valrico FL 2012 leans put on house in 2010 For two credit cards. House at time of bankruptcy was deed in lieu April 29th 2013 Bought new house August 2016

Timothy Denison answered on Apr 4, 2019

You’ll have to reopen your bankruptcy and then make a motion to avoid the liens. You should let a competent bankruptcy practitioner handle this for you.

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