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Fleysher Law Blog

Filing for Bankruptcy

No Shame in Filing for Bankruptcy

There is no shame in filing for bankruptcy. From a young age, people are persuaded by means of seductive language and/or highly skilled advertising techniques to purchase products and services deemed essential for their lives; even if those products or services are out of their financial reach. Many of our leaders have told us that it is our patriotic duty to spend. And, you need look no further than former

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Investment Property

Using the Bankruptcy Cram Down to Save Investment Property

Many clients come into my office seeking assistance with modifying their investment property mortgages. The first question I usually get is “will the bank reduce my principal down to what the property is worth?”The answer is that offering meaningful principal forgiveness is very rare in conventional “HAMP” or “Proprietary” modifications. Unfortunately, this results in investment properties becoming unaffordable and impossible to maintain. However, these clients often get speechless. This happens

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FHA

FHA Mortgage Applicants with Recent Foreclosures Offered a Pass

The Federal Housing Administration (FHA) has instituted a new program. Its name is “Back-To-Work-Extenuating Circumstances” to assist potential borrowers who faced financial hardship during the recession. This program, which began August 15th, 2013 provides a second chance for mortgage applicants. For those who have experienced financial hardship such as unemployment. Or, a severe reduction in income beyond the borrower’s control. The purpose of this program is to assist borrowers with

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Bankruptcy letter

Bankruptcy Letter Question from a Visitor

Q: What does a “Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines” letter mean? The letter says I may be a creditor of the debtor and may need legal advice. Can someone explain this to me? Might be because the debtor owes me child support. Not sure what I need to do here. A: This notice (letter) means that a Chapter 7 Bankruptcy has been filed and

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Bankruptcy Filing Fee

Bankruptcy Filing Fee Waiver Question from a Visitor…

Q: Will the bankruptcy court let me file Chapter 7 Bankruptcy without paying the $306 filing fee? Right now I have NO money. The credit card company attached my bank account (through a law firm) for about 8 months; before I closed my account!! My only income is SSI. Will the bankruptcy court let me file forma pauperis? Or, will I have to pay the entire fee? A: If Social

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Non-Jury Trial

Why was my Foreclosure Case Scheduled for Non-Jury Trial?!

A large number of people are getting a non-jury trial order from the court. If you are among the thousands of South Florida borrowers in Foreclosure that have recently received an order from the court scheduling a non-jury trial, your time and options are definite. South Florida courts have enacted new rules and procedures to push through aging foreclosure cases, which will clear their caseload. But, they send myriad properties

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Mediation Program

South Florida Bankruptcy Courts Implement Mortgage Modification Mediation Program

A mediation program is usually a great way for a plaintiff and defendant to sit down with a neutral arbiter to hash out their differences. And, to come to a resolution that is usually better than continued litigation. Mediation is successful in all types of disputes including personal injury cases, contract disputes, and even divorces. However, in these cases, circuit court judges will readily punish a party who fails to

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hospital debt

Hospital Collections Question from a Visitor

Q: My wife and I received a summons concerning a hospital debt of $722.00 started by a collection agency. What can we do? A: What you can do is contact the agency or agency’s attorney. You can see if they are willing to settle the hospital debt for less than what you owe. Without knowing your full situation, this is probably your best option. However, if you have other debts,

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Bankruptcy & Marriage

Bankruptcy & Marriage Question from a Visitor

Q: Will Marriage have a bad effect on Bankruptcy? My girlfriend wants to file for bankruptcy, because of the debt for house and credit. I wonder if we should wait for her discharge? Then we marry? A: You should wait for marriage until after her bankruptcy meeting of creditors. If you marry before filing, the inclusion of your income in determining whether she qualifies for bankruptcy will occur. This could

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