Category: Bankruptcy

Insurer Can Sue for Unpaid Mortgage Debt

The most important thing to learn before short selling a property or having the lender foreclose upon is whether or not the renouncing of the deficiency will happen. If the deficiency has been waived then you do not have to pay that debt. If the deficiency was not waived when your property was short sold

Some Helpful Tips in Preparing for Bankruptcy

In today’s economy, oftentimes people are forced to choose between paying their bills or buying groceries. When they eventually decide they can no longer continue this way, bankruptcy can offer a fresh financial start. Whether your decision to file bankruptcy stems from a financial disaster or simply not having enough income to cover your expenses,

Look out for Common Bankruptcy Pitfalls!

Bankruptcy is a legal process that helps us eliminate our debts and start afresh financial life. Furthermore, the purpose of bankruptcy is for you to declare your inability to repay your debts; even with the help of other debt relief or debt settlement options. Moreover, the bankruptcy laws enable you to take the required steps

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