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Florida Bankruptcy Questions & Answers

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.

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on

Q: Are there any good bankruptcy litigation attorneys left in South Florida? Must not be part of the club.

Griffin Klema answered on Mar 18, 2019

If you're concerned about a lawyer having too many ties to other practicing attorneys, consider finding a lawyer who just passed the bar. Obviously, there are big risks in hiring someone who has little to no experience. Further, while you might perceive that the bankruptcy bar is too friendly, it... Read more »

1 Answer | Asked in Bankruptcy for Florida on

Q: My exhusband is filing for bankruptcy and will add our joint mortgage to his claim-I want to know how this will affectme

My ex husband is filing for bankruptcy and will add our joint mortgage to his claim-I want to know how this will affect me and what my options are, how will this affect my credit score if I am up to date with the mortgage and payments. I am the one living in the house-

Timothy Denison answered on Mar 10, 2019

This will not affect your credit score if you are current on the payments. It will relieve him of his obligation on the mortgage. You should check with your divorce attorney to see how this debt was treated in your divorce. It could possibly be nondischargeable.

2 Answers | Asked in Bankruptcy for Florida on

Q: On SSI disability making $690.00 a month need help with bankruptcy. What can I expect to pay for help with this?

Christopher Bruce Bailey answered on Feb 6, 2019

That really depends on the area in Florida that you are located and the complexity of the rest of your case. In Orlando, a typical Bankruptcy can run approximately $1,500 for a single filer.

Hiring an attorney is a very important decision and should not be taken lightly.

Answering...
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1 Answer | Asked in Bankruptcy for Florida on

Q: Is there a form for filing a motion of relief from a dismissed bankruptcy case and if so where can i find it to fill it

Firstly I would like to say if youre going to tell me to seek a lawyer locally please do not respond, I'm aware hiring a lawyer would have made this not happen unfortunately thats not an option. I self filed bankruptcy chapter 7 and it got dismissed because I was missing a document but I got a... Read more »

Terrence H Thorgaard answered on Jan 16, 2019

You make up a form and call it "Motion for Relief from Dismissal" (or something like that). Recite the reason you failed to include the document.

Per your request, I won't ask you to hire an attorney, but you should be aware that one reason it's a good idea to hire an attorney is because...
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2 Answers | Asked in Bankruptcy for Florida on

Q: What is a motion of relief, from an order dismissing a bankruptcy case and where can I find the fourm to file it?

I filed for bankruptcy and the case got dismissed because I didnt include a summary of assets. But the notice I got saying the case was dismissed said I have 14 days to "file a motion for relief from this order". I've searched all over the internet and can not find the form for a motion of relief... Read more »

John Martin Hilla answered on Jan 16, 2019

It sounds like you filed your bankruptcy without the assistance of an attorney. This is the sort of dismissal that is easily avoided by retaining an experienced bankruptcy attorney to assist you from the get-go. I would consult a bankruptcy attorney in your area now, before that deadline expires.

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1 Answer | Asked in Bankruptcy for Florida on

Q: In bankruptcy, our mortgage co said we were current. Once discharged, they say we are delinquent. What can I do?

Went into bankruptcy ch 13 in 2013, Discharged in Dec 2018

Our lawyer was quite busy, so we asked for permission to communicate with bank. Getting nowhere our lawyer was going to file a petition to make current. A couple of months later they let us know we were current. The huge deficiency... Read more »

Timothy Denison answered on Jan 14, 2019

Yes. Their actions may violate the automatic stay. However, you will not get s gearing in s day or two. It will be more like a month or two. You need to hire a competent bankruptcy practitioner to handle this for you.

1 Answer | Asked in Bankruptcy for Florida on

Q: I am in a Chapter 13 in Middle District of Florida. Previous to the Bankruptcy I cosigned on a car loan with my son.

He has driven it, has paid the payments. Now all that is owed is $3132. Can he trade the car in and get another without me getting the courts permission? He pays the payments outside of the plan. I've an attorney who is NOT answering my phone calls I want to tell my son to just go ahead and trade... Read more »

Timothy Denison answered on Dec 3, 2018

Unless you are in the title to the car, you do not need the Trustees permission.

1 Answer | Asked in Bankruptcy for Florida on

Q: What happens to any retirement you've saved if you go into bankruptcy?

Timothy Denison answered on Nov 30, 2018

It is exempt property and cannot be taken.

2 Answers | Asked in Bankruptcy for Florida on

Q: Would money owed me, but the person will never be able to pay me, be considered an asset?

Stuart Nachbar answered on Nov 9, 2018

Yes it would be an asset, even if not collectable. Also collect ability is in the eyes of the Trustee not you

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1 Answer | Asked in Bankruptcy for Florida on

Q: Ally not reporting my payments after Bankruptcy attempted to trade it in and they said it was paid off

I filed bankruptcy in 2014 it was dismissed payed on car since attempted to trade it in and was told I don’t have a open car loan that it’s listed as paid on my credit And no payments have been reported since 2014, Nissan finance guy said I should just return the car to Ally but I’m concerned... Read more »

Timothy Denison answered on Oct 19, 2018

Take the Nissan back if you are within your 3 day rescission period. They will tell you anything to sell you a car.

2 Answers | Asked in Contracts, Domestic Violence, Bankruptcy and Family Law for Florida on

Q: I am a victim of domestic, sexual, and financial abuse. Is there any laws that protect against joint debt?

My ex forced me to co sign a car loan. This was with threats. He never should me any of the paper work after I had signed nor have I seen the car. I’m now liable for the car because he obviously didn’t pay. Can I fight this with creditor I obviously would have this loan if I wasn’t forced to.

Terrence H Thorgaard answered on Oct 16, 2018

The problem will be that the creditor didn't force you to co-sign. Unless you can prove that the creditor had knowledge of coercion, I don't think you would prevail.

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2 Answers | Asked in Bankruptcy for Florida on

Q: how do I file for bankrupsy

Terrence H Thorgaard answered on Oct 15, 2018

If you are in Largo, Florida, you would file in the US Bankruptcy Court for the Middle District of Florida.

You should have an attorney represent you, but it is possible to do it yourself. For more information, look here:...
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1 Answer | Asked in Bankruptcy for Florida on

Q: In WPB Florida is I win the lottery during ch 13 can I keep the money

If I win lottery money can I keep it in west palm beach Florida during ch 13

Timothy Denison answered on Oct 15, 2018

If you win the lottery, you should pay off all your creditors, dismiss the chapter 13, and keep the money left over.

2 Answers | Asked in Bankruptcy for Florida on

Q: If my ex is the main person on my veh and I am the co signer if I file bankruptcy how does that work?

Terrence H Thorgaard answered on Oct 12, 2018

Your contingent liability for the vehicle loan would probably be discharged. The principal (your ex) would remain liable.

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1 Answer | Asked in Bankruptcy for Florida on

Q: Florida Bankruptcy and private student loans

I have had a lot of private student loans that a degree was about useless. I am having financial hardship and these loans are cosigned by my dad. If I was to file bankruptcy could I get the student loans discharged also?

Terrence H Thorgaard answered on Oct 11, 2018

It's very difficult to get student loans discharged. Under certain limited circumstances it might be possible, but not likely.

Keep in mind: bankruptcy is a matter of federal law; you would file in the US Bankruptcy Court for the US district where you are located (there are three...
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2 Answers | Asked in Bankruptcy for Florida on

Q: My used car (10 years old) was included in my CH 13 filed in Florida over a year ago.

When I purchased from DriveTime, I was required to get GPS Tracking and a warranty. I recently found out I need major repairs. When I called the warranty company...they had cancelled the warranty! Not only had the warranty been cancelled, the loan was sold and we were never informed and... Read more »

Terrence H Thorgaard answered on Oct 3, 2018

If the debt for the car (and the warranty) was discharged in bankruptcy, why have you continued to make the payments? It's possible that you reaffirmed the debt; ask your bankruptcy attorney to explain it to you. You may have a claim against the warranty company for the amount you paid since the... Read more »

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1 Answer | Asked in Bankruptcy for Florida on

Q: I'm being sued by a collections agency for $2300. Should I contact a lawyer or just call, settle with monthly payments?

I already contacted the company and set up a payment plan, but I'm feeling uneasy about it. I haven't signed any settlement papers as of yet. I don't have a lot of extra money, hence the pickle I am currently in. What the heck do I do?

Timothy Denison answered on Sep 19, 2018

Contact a lawyer and have him negotiate a settlement for you.

1 Answer | Asked in Bankruptcy for Florida on

Q: I filed bankruptcy and all debts were discharged. Now they are reporting a debt that was discharged.

Filed bankruptcy11/2 years ago and all debts were discharged. Last week i got an alert that a debt was being reported. I found out it was a debt that was discharged. Contacted company i owed money and they said they seen that it was discharged and it would be fixed in 2-5 days. Contacted the... Read more »

Timothy Denison answered on Sep 16, 2018

Nothing. It is now correctly reported.

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