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Florida Bankruptcy Questions & Answers
2 Answers | Asked in Social Security and Bankruptcy for Florida on
Q: I have a judgment against me. My income is social security disability. Can the judgment creditors levy bank acct Fl?

Judgment proof? Consumer loan. Aggressive collection agency.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 18, 2023

I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.

First, the creditor needs to know, or guess correctly, about the identity of your...
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2 Answers | Asked in Social Security and Bankruptcy for Florida on
Q: I have a judgment against me. My income is social security disability. Can the judgment creditors levy bank acct Fl?

Judgment proof? Consumer loan. Aggressive collection agency.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

It depends on the laws in your state and the specific circumstances of your case. In Florida, certain types of income, including Social Security Disability (SSDI), are exempt from garnishment. This means that a judgment creditor cannot levy your bank account if it contains only exempt funds, such... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am trying to find a preparer to help with printing out my bankruptcy documents to file with the courts.
John Michael Frick
John Michael Frick
answered on Feb 7, 2023

This is unnecessary. Federal court documents are filed electronically via the federal court’s ECF system. Once the documents are prepared on a computer and electronically signed, you should file them electronically and keep a copy for your use.

If you want to retain a hard copy for your...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.

All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... View More

Timothy Denison
Timothy Denison
answered on Jan 5, 2023

It is likely not exempt, although depending on the value, you may be able to protect it with your FLorida or federal exemptions. Consult an experienced bankruptcy lawyer to review your entire financial situation.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.

All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 5, 2023

For as long as I've been practicing, Florida has been known as a debtor's haven, one of the most generous, along with Texas, to those who owe money to others.

While you don't mention the form of your expected bankruptcy case, the definition of what's includable in your...
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2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2022

To add to Ms. Kim's answer, though a creditor cannot take or force a sale of your homestead residence, the judgment lien would potentially be a problem if you sell your home in the future. You say you are unable to pay, which I assume means you cannot afford to pay. You therefore may be... View More

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2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2022

Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Can someone come after you for money if you filed Chapter 7 bankruptcy and you included them in the bankruptcy 12 to ago
John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If you received a discharge, no. If a creditor contacts you about the debt, just tell them it was discharged in bankruptcy 12 years ago and give it the case number of your bankruptcy case so the creditor can confirm.

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2 Answers | Asked in Bankruptcy and Traffic Tickets for Florida on
Q: KY: Will bankruptcy cover a civil suit which has my DL sus.

License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2023

It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.

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1 Answer | Asked in Banking, Civil Litigation, Personal Injury and Bankruptcy for Florida on
Q: Atheist, homeless. Would like to buy things like Chinese buffet or personal items like socks. Where do I get financing?

So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 19, 2023

No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More

1 Answer | Asked in Bankruptcy for Florida on
Q: Soon to be ex-wife fraudulently opened bank acc and purchased vehicles unknowing to me. She filed bankruptcy. Is it lega

Yes I have never stepped foot at any dealership or any abound credit union. Soon to be ex-wife did everything in the dark. Happend in Kentucky but I've been living in Florida for over 2 yrs now

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

No. Report it to the FBI immediately.

1 Answer | Asked in Bankruptcy for Florida on
Q: How to file a Domestic support obligation form

I have one payment left on a chapter 13 bankruptcy. The attorney that filed for me has since retired. How do I go about filing this form on my own.

Timothy Denison
Timothy Denison
answered on May 13, 2023

You should be able to hand file it in the district court clerks office where your bankruptcy is pending.

1 Answer | Asked in Bankruptcy for Florida on
Q: How may I find my bankruptcy filing. It was filed on 5-5-2023
Timothy Denison
Timothy Denison
answered on May 8, 2023

Go to pacer.gov and create an account. From there you can see your case and all the details.

1 Answer | Asked in Bankruptcy for Florida on
Q: My bankruptcy attorney is telling me I owe 26k for missed payments. I have auto deduction from my payroll.

And I have never received any notification of missed payments. Am I'm entitled to an itemized statement as to how my money has been distributed?

Timothy Denison
Timothy Denison
answered on May 7, 2023

Yes. You’ll need to request it from the trustee.

1 Answer | Asked in Bankruptcy for Florida on
Q: how to know if im able to make a claim against my former employer that is going through chapter 11 bankrupt

i was let go about a week before they filled out the papperwork

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

Consult an employment lawyer so he can flush out the facts and see if you have a claim against your employer.

2 Answers | Asked in Bankruptcy and Personal Injury for Florida on
Q: I was awarded a substantial amount of money in an intentional tort case.

However, the defendant was able to discharge the debt in bankruptcy. Can I claim any of this as a loss on my taxes?

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Typically a Defendant is not allowed to discharge a debt that arose from an intentional tort. Speak with a bankruptcy lawyer to review the facts and law of your case to get confirmation.

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Florida on
Q: CAN I LEGALLY BE HELD RESPONSIBILE FOR A RETURNED CHECK DUE TO NSF THAT I CASHED AS A MINOR (17Y/O) BY A DEBT COLLECTOR?

When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2023

No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.

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2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: I am considering bankruptcy on balances of high interest accounts. Can I get help doing it on my own.

One account is a lease for a photo printer. $800 the printer was damaged in our last hurricane and trashed by accident now client wants to pick up printer or be paid can I be arrested?

Timothy Denison
Timothy Denison
answered on Jan 24, 2023

You may be able to get some help from your local bar association or legal aid society. You cannot be arrested for the damaged printer.

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1 Answer | Asked in Bankruptcy for Florida on
Q: We received the trustees final report and application for compensation and deadline to object (npr) in florida

On the claimants section out student loan debt is listed with proposed payment amount. Does this mean our student loan debt is part of the bankruptcy? We didn't think it would be.

Timothy Denison
Timothy Denison
answered on Dec 20, 2022

Yes, it is. It has to be accounted for because it still has to be paid.

1 Answer | Asked in Bankruptcy for Florida on
Q: Are there any pro Bono lawyers for chapter 7 bankruptcy.
Timothy Denison
Timothy Denison
answered on Nov 30, 2022

Yes. Check with your local bar association or legal aid society.

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