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Florida Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Florida on
Q: Have wage garnishment and would like to know how to stop it immediately?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 16, 2022

Fill out, sign, and file the claim of exemption form. It won't be immediate; there has to be a hearing on your claim.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Chapter 7 in Florida, my Car is paid for, Kelly Blue Book says 14K ..but I need a Car! What should I do? thank you.

I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 1, 2022

You are best advised to discuss these concerns with a Florida bankruptcy lawyer.

If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt...
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2 Answers | Asked in Bankruptcy for Florida on
Q: I have Proof of Claim paperwork from a former job filing Chapter 11, but I don't know if I am a creditor.

I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... View More

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: If I File For Bankruptcy What Happens To My Vehicle, If I Own It Jointly?
Timothy Denison
Timothy Denison
answered on Feb 14, 2022

You can claim an exemption for your equity and reaffirm the loan, if any, to keep the car.

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1 Answer | Asked in Bankruptcy and Collections for Florida on
Q: Can I transfer my home to someone else if I have judgements against me?

Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... View More

Timothy Denison
Timothy Denison
answered on Feb 13, 2022

Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.

1 Answer | Asked in Bankruptcy for Florida on
Q: Live in fl. Have a house in ga. Not declared in chap7. Went into a 13 but now can't pay. What happens now. Back to a 7??

House in ga over 30 yrs and i forgot my name was on it. I switched to a 13 and paid 2 yrs but can't pay now . I know it can be dismissed but can they revert me back to a chapt 7

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

Make a motion to dismiss the chapter 13.

2 Answers | Asked in Bankruptcy, Divorce, Real Estate Law and Tax Law for Florida on
Q: Can a house be sold at auction while it's currently in bankruptcy?

I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

Not unless the court has given permission for the sale.

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4 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida on
Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2022

This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

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2 Answers | Asked in Bankruptcy for Florida on
Q: If my ex files bankruptcy and we co own a home in Florida that I live in with my children, will my home be foreclosed on

We were never married. I went through a modification but have since completed and returned to making regular payments

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2022

You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am wanting advice on waiting out the statute of limitations instead of filing bankruptcy.

I have approx $116k of cc debt. Amex has sued me twice (IN and CA) but dismissed their suits. Otherwise I’m just getting calls and emails, and the debt has been sold.

I have no assets except a $3k used car. I lease my residence and have less than $1k in my checking account and a small... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 5, 2022

Assuming that you have no dependent, the Uber income, and the futures trading income are probably not exempt from garnishment. I suggest that you wait to see if they sue you, and at that point again consider bankruptcy protection.

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2 Answers | Asked in Bankruptcy and Collections for Florida on
Q: I need a lawyer who is prono Bono

For bankruptcy I had two jobs working part-time the people who are assuming me is the bank but the truck that I got through a car dealer the very first day I drove off the lot I had trouble I had to go buy three new tires the tires were so dry rotted long story short story so they're coming... View More

Timothy Denison
Timothy Denison
answered on Dec 28, 2021

Contact your local bar association or legal aid society for a list of pro Bono attorney.

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1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... View More

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2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: Ex-husband is filing Chapter 13. According to the divorce decree, he was to buy me out of my interest in the house with

36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...

Timothy Denison
Timothy Denison
answered on Oct 28, 2021

Doesn’t affect them at all. He’s still obligated to pay you per the decree.

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1 Answer | Asked in Bankruptcy for Florida on
Q: filed chapt 7and later a 13 i cant pay and trustee filed motion to dismiss 13. can the court revert me to a 7 again?
Timothy Denison
Timothy Denison
answered on Oct 14, 2021

Not unless you file a motion to convert back to a chapter 7.

1 Answer | Asked in Bankruptcy for Florida on
Q: Instead of Bankruptcy can I sell a Vacant lot I own and negotiate with my Creditors?

I am looking for an alternative to Bankruptcy. Chapter 13 doesn't work for me it seems to expensive. Chapter 7 seems like my only way. I do have a Bankruptcy Lawyer but looking for a second opinion. I own a Condo and a vacant lot. I don't have any other assets. Since Covid having problems... View More

Stuart A. Young
Stuart A. Young
answered on Oct 5, 2021

Debt settlement may be OK but do not forget that you will get a 1099 tax form from each creditor that you settle with. Any reduction in debt or debt forgiveness will be treated as a "taxable event" and you will have to pay income tax next year on every penny that you save. In bankruptcy,... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What steps do I take if a debt collector sues me for 2year old debt
Timothy Denison
Timothy Denison
answered on Sep 14, 2021

Pay it or hire an attorney and defend it.

2 Answers | Asked in Bankruptcy for Florida on
Q: If I stop making my chapter 13 payment, what happens and how long would it take.

I have decided to sale my house and pay the chapter 13 in full. However, I need to use the money I would normally make my payment with to make home improvements.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 27, 2021

File a modified plan, providing for the sale of your home and the revised payment of your creditors.

Keep in mind that you have the right to keep exempt property, or the proceeds therefrom.

Talk to your bankruptcy lawyer about these issues.

If you do not modify your plan to...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi I am in a chapter 13 due to throat Cancer and co pays I can no longer make payments

my lawyer wants $3150 to convert 7 i can't afford that can i convert it my self or get a less expensive lawyer ?

Anna L Self
Anna L Self
answered on Aug 23, 2021

Yes, you can find a less expensive lawyer. You can also try Legal Aid to see if they can assist you. I don't recommend that you convert it yourself. Good Luck!

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison
answered on Aug 10, 2021

Either way Wil be fine.

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