Category: Bankruptcy

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

The Unaffordable Bankruptcy

Believe it or not, there is such thing as an unaffordable bankruptcy. For many people, Bankruptcy can be a path to salvation. However, sometimes there are situations or people with particular financial goals in mind for whom bankruptcy may not work. For example, a situation may occur where the debtor has an asset that he

Does Florida Have a Culture of Delinquency?

A new report from real estate services provider Zillow found that while Florida is not the worst state for negative equity. In fact, Florida’s borrowers have disproportionately high delinquency rates on their loans. In Miami-Ft. Lauderdale, 43.7% of borrowers are underwater, while 24.9% of them have missed at least three months of payments. In Tampa,

Florida’s Wage Garnishment Exemption Applies in Bankruptcy

Florida’s Wage Exemption Statute provides protection for those who meet the definition of "head of a family". And, who are facing a judicial garnishment or filing for bankruptcy. A head of a family who pays for more than 50% of a dependent’s living expenses cannot go through garnishment. This is if their net income after

WARNING! You are approved for full principal forgiveness of your Home Equity Account.

A client recently came into my office with a letter she received from Bank of America. It stated that her Home Equity account had been approved for participation in a principal forgiveness program. It was offered as a result of the Department of Justice and State Attorneys General global settlement. The letter about her Home

Shooters Will Remain Open Despite Chapter 7 Bankruptcy

Back in March of 2012, two companies associated with waterfront restaurant Shooters filed Chapter 11 bankruptcy. Roscoe, LLC (DBA Shooters) and BIMA, LLC filed for bankruptcy protection following a $10.5 million foreclosure lawsuit filed by FirstBank against BIMA, LLC; the company that owns the property that both Shooters and Bootleggers sit on. About a month

Why didn’t my attorney strip my 2nd mortgage in my Chapter 7 Bankruptcy filed last year?

A woman who had read my article in the Palm Beach Post regarding stripping 2nd mortgage liens in Chapter 7 Bankruptcy recently asked me this question. She states that she saw in my article that "a new case allows the 2nd mortgage to be stripped off with a Chapter 7 Bankruptcy". And, that her bankruptcy

A New Approach to Calculation of Household Size in Bankruptcy

On July 11th, 2012, the United States Court of Appeals for the Fourth Circuit affirmed a decision by the United States Bankruptcy Court for the Eastern District of North Carolina that developed a new method of calculating household size. Before this case, there were three methods that courts looked at to determine household size. The