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Florida Bankruptcy Questions & Answers
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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1 Answer | Asked in Bankruptcy for Florida on
Q: After bankruptcy (LLC),they will hit my personal credit score? It will be a problem to open a new llc, get credit card?

Hi, I have a trucking company. My driver crashed my only one truck, It's total loss. The rental trailer company took back the trailer because I couldn't pay ( no more truck to work with). 3 months rent are missing on the contract, I couldn't finish the contract. It's about 10 000$ due, and 3500$... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 2, 2020

There are several details that you omitted that prevent a full and complete answer, so let me begin by suggesting that you find a good bankruptcy lawyer. You can find one by checking the with lawyer referral service of The Florida Bar (flabar.org) or with you local bar association

If you...
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2 Answers | Asked in Foreclosure and Bankruptcy for Florida on
Q: Must foreclosure be refiled after stay lifted? Can voluntary dismissal avoid turnover?

Chapter 7, automatic stay lifted re: foreclosure. Florida case. Must the lender refile the foreclosure? The foreclosure docket says the case is closed. Or can the lender just pick up where they left off in the same, pre-bankruptcy case?

Also, can voluntary dismissal avoid turnover? The... Read more »

Timothy Denison
Timothy Denison answered on Dec 19, 2019

If you voluntarily dismiss, you can probably avoid turnover.

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1 Answer | Asked in Banking, Bankruptcy, Employment Law and Employment Discrimination for Florida on
Q: Can I lose my Mortgage License if I have to file BK 13?

I have been a Mortgage broker for 14 years.Unfortunately I need to do a BK 13 for an unrelated business. Can I lose my license?

Timothy Denison
Timothy Denison answered on Nov 25, 2019

Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.

2 Answers | Asked in Bankruptcy for Florida on
Q: HI, I've reached my credit limit with all credit cards and a unsecured bank loan. I cannot afford bankruptcy.

All payments will be due within the next 2 weeks. Can I write them all letters explaining the cash advances and electronics were sold to build up more cash to repair my 60 year old single wide trailer and my 18 year old car? My debt is approx 17,000.00. This work was/is being repaired by... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2019

You are a contemporary of mine and I can certainly empathize with your situation, and it is not going to heal any wounds for me to tell you that you did just about everything the wrong way.

You need to visit with a bankruptcy lawyer. Most do now require a fee for the initial...
Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I lost my job and can no longer pay my mortgage and we got a foreclosure notice, and need to file bankruptcy on several

Medical bills. If I file bankruptcy, and do not reaffirm with a mortgage, how long can you stay in the home for? So if I file bankruptcy next week, how long can a person in Florida stay in the home?

Timothy Denison
Timothy Denison answered on Nov 19, 2019

Varies from place to place, but probably 90 days to 6 months.

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2 Answers | Asked in Estate Planning, Tax Law, Bankruptcy and Elder Law for Florida on
Q: Hello, my mom and dad are on SS. It is their only income and they live in Florida.

Due to health problems they are having financial difficulty. They have a bank issued credit card with $24,000 in debt. I've read that the bank can't touch their SS but my question is can they come after other assets like their house which they have a mortgage on or their car which is the only car... Read more »

Timothy Denison
Timothy Denison answered on Nov 5, 2019

Yes. They can come after their assets such as their house and car, although they would be secondary to the mortgage holder on the house and the note holder on the car.

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1 Answer | Asked in Bankruptcy for Florida on
Q: I am about to file a chapter 7 bankruptcy. A friend loaned us 5k a few months ago when I was going thru major hardship.

My husband and and I used our boat as collateral to said friend. We have not yet been able to make any payments on this loan . But my friend is ok with this and willing to give us more time .Will we be able to keep the boat? We would like to keep it if at all possible. Or will we have to just give... Read more »

Timothy Denison
Timothy Denison answered on Oct 26, 2019

If it is properly secured and filed, you will be able to keep the boat, make payments to your friend and it will survive bankruptcy.

1 Answer | Asked in Bankruptcy for Florida on
Q: Can I surrender my car and it still be discharged after the discharge date?
Timothy Denison
Timothy Denison answered on Oct 16, 2019

Depends on whether you signed a reaffirmation agreement. If you did, no. If you did not sign /a reaffirmation, then yes.

1 Answer | Asked in Bankruptcy for Florida on
Q: I filed for chapter 7, if I cant afford my car anymore and they reposses it, can it be discharged

my case will be discharged next week

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Yes, unless you signed a reaffirmation agreement.

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