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Florida Bankruptcy Questions & Answers
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 Business Law for Florida on
Q: If you have a business and refinanced a vehicle loan for your business using your mortgage, can you file bankruptcy?

We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 13, 2023

The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More

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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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3 Answers | Asked in Bankruptcy for Florida on
Q: Where can I obtain information on what was discharged with my bankruptcy?

I am currently in graduate school and my school is requesting I obtain legal information regarding if my student loans were or were not discharged. I did my bankruptcy pro se so I don't have a lawyer. The bankruptcy officially discharged today and although I know it is rare for student loans... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 4, 2023

In every bankruptcy case I've done, the Order of Discharge is a brief form, and basically says that the debtor is discharged from liability for all dischargeable debts, without listing any of those debts specificallyl

It's up to you, and your lawyer, and the creditor, and its...
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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

2 Answers | Asked in Bankruptcy and Banking for Florida on
Q: Is it possible to take out a loan from a bank when one of your direct family members is already in debt?

A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.

Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More

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

I agree with Ms. Lipan's short take, but there's more, of course.

Your question raises a plenitude of issues, most of them not questions of law:

With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just...
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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: Can my Corporate vehicles be effected (repo) if there is a default on our corporate credit cards?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 27, 2023

Your best answer to that question starts with the wording, particularly the default provisions, of your Security Agreements with each lender. Often, one of the provisions enables the secured lender to declare a default and accelerate the debt "if/when the lender feels insecure". A... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... View More

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

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.

2 Answers | Asked in Bankruptcy for Florida on
Q: My bankruptcy attorney name now appears on my mortgage bill. Why?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 7, 2023

It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.

In addition, it is common for debtor's counsel to alert...
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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 for Florida on
Q: Can I convert a Chapter 13 to a Chapter 7 before the meeting of the creditors? I can’t make my first payment.

My attorney’s paralegal told me that I do not qualify for Chapter 7, but I’m in dire financial straits. Worse than when I filed, and need to do the conversion. She told me that the Trustee will more than likely dismiss the case.

Matthew J. Sherman
Matthew J. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023

A debtor may convert a chapter 13 case to a chapter 7 liquidation case, at any time. The right to convert to chapter 7 is unqualified and may not be waived. However, a case cannot be converted to a chapter for which a debtor is ineligible. Therefore, a debtor converting from chapter 13 to chapter 7... View More

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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 and Real Estate Law for Florida on
Q: Can a quit claim deed still be filed after home being discharged in Bankruptcy?

My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 28, 2023

It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More

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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, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2023

I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: i filed chapter 13 in FL. didn't know i have to give back my tax return. can i get a medical exception?

i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 1, 2023

There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... View More

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