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The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?
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answered on Feb 24, 2024
If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More 
My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More
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answered on Jan 13, 2024
Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More
My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More
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answered on Jan 12, 2024
Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More
I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.
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answered on Jan 9, 2024
Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More
I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.
answered on Jan 11, 2024
Filing for bankruptcy shouldn't automatically throw a wrench into your VAWA petition. They're kind of like two separate lanes with different reasons and processes. That being said, USCIS might still take a peek into your moral character evaluation. Being upfront about it is key. It's... View More
I am not behind on my mortgage payments.
answered on Jan 8, 2024
Florida, like Texas, is known nationally for its generous exemptions from attachment by creditors both in and out of bankruptcy.
In most states, state law exemptions may be claimed in a bankruptcy case, but you need to confirm that with an experienced FL bankruptcy attorney.
There... View More
I am not behind on my mortgage payments.
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answered on Jan 12, 2024
Filing for Chapter 7 bankruptcy involves a complex assessment of your assets, including your house and personal items. The impact on your house and belongings depends on various factors, including the equity in your home and the exemptions you can claim.
If you are current on your mortgage... View More
We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More
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answered on Nov 14, 2023
You should consult an attorney in your area. Based on what you've said, the collection agency (and perhaps Transunion) is in violation of the law and can be sued in the bankruptcy court for damages, particularly if the collection agency is taking any action against you to collect on the debt.... View More
We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More
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answered on Nov 15, 2023
If a collection agency is reporting debts as active even after they were discharged in a Chapter 7 bankruptcy, you have several options.
Firstly, gather all relevant documentation, including your bankruptcy discharge papers and any correspondence with the credit bureaus or the collection... View More
I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More
answered on Mar 26, 2025
First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!
I'm considering filing for Chapter 7 bankruptcy and would like to know if it's possible to include a potential future civil judgment for slander in the bankruptcy filing. There has been no settlement offered by the other party's attorney, and no judgment has been issued yet. Can a... View More
answered on Mar 23, 2025
Good question. 11 U.S. Code § 523 (a) (6) provides that debt for "willful and malicious injury" is not discharged in bankruptcy. If the slander is proven to be "willful and malicious", the actual damages (as opposed to punitive damages, etc.) might not be dischargeable.
I am considering filing for Chapter 7 bankruptcy and want to know if it's possible to discharge my federal student loans and back taxes. The taxes in question are from three years ago. Can these debts be discharged through bankruptcy in most cases?
answered on Mar 11, 2025
In most cases, federal student loans are not dischargeable. If the taxes are more than three years old, they can possibly be discharged.
I am currently behind on my title loan payments and have significant credit card debt. I'm considering filing for bankruptcy but I'm not sure which type would be suitable. Can I still file for bankruptcy if I have a title loan, and what type should I be considering?
I am a 56-year-old female on SSD and I am filing for bankruptcy due to gambling-induced financial losses. I was prescribed Ropinrole, which led to compulsive gambling behavior that ceased once I stopped taking the medication. My bankruptcy trustee suggested suing the drug manufacturer as I've... View More
answered on Feb 19, 2025
Research the prior suits. Find an attorney in Florida who has litigated these type matters before and has experience in bringing these type cases.
Are Statutes, codes, regulations for government authority?
A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d
244, 248),
“A “Code’ or Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3... View More
answered on Feb 5, 2025
There's a reason attorneys go to school for so long -- they have to know how to read every word of a court opinion and follow the analysis. The case you cite above stated an "unconstitutional" statute is not a law. This is a 1941 case from Louisiana that still has the Napoleonic... View More
Will I get a refund again for 2024?
answered on Jan 31, 2025
You're required to turn the refund over to the bankruptcy trustee. You are also required to provide copies of your income tax returns to the trustee or your case is subject to dismissal.
The Sheriff posted the writ, but no one was present.
Tenant’s Appeal: Tenant filed an appeal in the appellate court, delaying eviction. Your lawyer is preparing a response, due by 1/31.
Tenant Possibly Vacated: Tenant emailed about moving out by 1/30, and neighbors report the... View More
answered on Jan 30, 2025
You probably can, but that is a question you should ask your attorney. Your attorney may want to move to dismiss the appeal.
After signing the loan, putting money down and trading in old car and taking the new car home, several days later the bank came back and said they wouldn't do the loan because the CH 13 wasn't actually discharged. I gave the dealership a copy of what I THOUGHT was the discharge at the... View More
I have a case number started.
answered on Jan 10, 2025
Paralegals can only provide forms and cannot give legal advice. The bankruptcy courts have pro bono (free) clinics. Make an appointment with the clinic at the Middle District of Florida courthouse in downtown Orlando.
answered on Dec 16, 2024
You should receive a notice of the garnishment, together with a form by which you can claim that or if your wages are exempt for a number of reasons (set out in the form). Fill it out, sign it, and file it with the court within 20 days of receipt. The court will set a hearing at which you can... View More
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