Category: Bankruptcy

Can IRS Tax Debts be Discharged in Bankruptcy?

A question that often arises is whether IRS tax debt can be discharged in Bankruptcy. The answer is often surprising to the person asking the question. That answer is "Yes," under certain circumstances, certain tax debts can be discharged in bankruptcy. In fact, income taxes, both federal and state, over 3 years old can be

New Bill would Speed Up the Foreclosure Process in Florida

Currently in Florida, it takes an average of 600 days for the foreclosure process to be completed. This figure is the average among both contested and uncontested cases. Last year a bill designed to speed up the process faced protests and consumer outcry and did not pass. This week, Rep. Kathleen Passidomo proposed a new

Mortgage Forgiveness Debt Relief Act Extended through 2013

After much delay and anxiety, the Mortgage Forgiveness Relief Act got an extension through 2013. Part of the fiscal cliff deal signed by Congress this past December dealt with the tax consequences. The consequences that loan modifications, short sales, and foreclosures have on the American taxpayer. Their decision extended the current Section 108(a)(1)(E) so it

Debt Settlement "Programs" are Often Scams

Today, large amounts of debt are facing many Americans. Because of this, many debt settlement companies have popped up. They are promising consumers ways to get out of their debt in a relatively short amount of time. And, for less money than they actually owe. However, despite all their TV and radio advertisements, the industry

How Long Before You Can Get a Mortgage Loan Again?

As a Bankruptcy and Foreclosure Attorney, I am frequently asked how long after Bankruptcy, Foreclosure, or Short Sale a mortgage loan can be obtained. While everyone's situation is different, the following table is a good overview. It elaborates on the relationship between mortgage loan, and bankruptcy, foreclosure, or short sale. Chapter 7 Bankruptcy or Chapter

Chapter 7 Lien Stripping Approved by Broward, Dade, and (now) Palm Beach County Judges

Attorney Emil Fleysher recently obtained one of the first Chapter 7 Lien Strip Orders in Palm Beach County. Chapter 7 Lien Strip Orders: What Happened? Following the watershed case of in re: McNeal, in which the 11th Circuit Court of Appeals ruled that fully unsecured 2nd mortgages, Home Equity Loan Liens, and other junior mortgages

Options for Florida Homeowners with Homes that are "Underwater"

What are your Options if your House is Underwater? More and more Floridians are coming to the unsettling realization that their homes are now worth less than they owe on their mortgage(s). This unfortunate scenario is commonly referred to as your house being "underwater." One of the most common questions that clients ask is "What

Is the U.S. Headed Toward Bankruptcy?

Presidents have been warning for decades of the dangers of this country’s debt and deficits. But the big question is why this time is different? Is this the year we finally start to get our nation’s finances in order? Or, is the U.S. headed towards bankruptcy? One argument is that with the current President and

Consumers Seeking Bankruptcy Advice on Avvo.com Reaches All-Time High

Avvo, Inc.’s latest Avvo Legal Advisory shows that bankruptcy is one of the top legal topics for many in the United States. Questions in Avvo's Q&A forum regarding bankruptcy reached an all-time high. Despite research from the National Bankruptcy Research Center stating that U.S. personal bankruptcy filings decreased by 13% in the first half of

How Many Times Can You File Chapter 7 Bankruptcy?

Chapter 7 exists to help you get out of debt quickly and easily. It is easy to file for Chapter 7 bankruptcy and you can do it hundreds of times. However, the issue is whether you can get a discharge of your debts. The U.S. Bankruptcy Code places limits on how often you can get