Blog

When both Chapters of bankruptcy are available in Florida, Chapter 13 bankruptcy may present some unique advantages over Chapter 7. What is Chapter 13 Bankruptcy? Bankruptcy is a legal process that helps those who are in debt while also assuring some degree of fairness to all parties involved. For the majority of people, bankruptcy is

Many clients have been asking lately about how filing bankruptcy will affect their options with regard to obtaining a mortgage or refinance. The short answer is that "it depends." What does it depend on? 3 things... (1) whether your case was filed as a Ch. 7 Bankruptcy or as a Ch. 13 Bankruptcy; (2) whether

The Law Office of Emil Fleysher, PA recently ranked on the top Bankruptcy attorney in the Deerfield Beach and Pompano Beach areas. Our firm received "A+" rankings for Reputation and Professionalism.  Expertise.com finds and reviews the top service professionals in over 200 industries across the U.S. Each month, they research more than 60,000 businesses to

The Fresh Start Through Bankruptcy Act would change the bankruptcy code to make it easier to discharge student loans under certain conditions. Senators Richard Durbin (D-IL) and John Cornyn (R-TX) are the bill's sponsors (R-TX). Undue Hardship While it is not impossible to discharge student loan debt through bankruptcy under existing law, it can be

If you have recently been denied an auto refinance loan because (1) your credit score was too low; or (2) because your car is worth less than the current loan balance; or (3) because your car is too old, you may have another option... What is Ch. 13 Bankruptcy? Ch. 13 is a type of

Nearly 1,500 South Florida borrowers may be eligible for reductions of their outstanding mortgage loan balances under a federal program announced in April. The intention of the program is to help "underwater" and severely delinquent borrowers. That is delinquents whose loans are owned or guaranteed by mortgage companies Fannie Mae or Freddie Mac. Who Qualifies?

In this Third District Court of Appeals case, the bank tried to foreclose the homeowner's mortgage at summary judgment; it entails that there be no questions of material fact. And, the bank should have permission to a foreclosure judgment as a matter of law - a stage before trial. Read more to find out how this

Defense lawyer Bruce Jacobs claimed that beyond matching columns and fields and using a checklist to confirm receipt of key documents, the servicer did not verify details in the files. Miami-Dade Circuit Judge Beatrice Butchko vetoed Ocwen Financial Corp.'s banking records. And, she left out its testimony. This was after discovering the loan servicer failed

The Fourth District Court of Appeal ruled against a Wellington homeowner association (HOA). The HOA barreled through a foreclosure sale despite the homeowner's bankruptcy filing — and then failed to show up in court for the appeal. Scribner Village Homeowners Association Inc. won a final judgment of foreclosure against Marie Alexandre on a lien for

The trial court has a deficiency subject of matter jurisdiction to hear the Homeowners Association foreclosure action where a bank or superior lien has already recorded a notice of lis pendens. In this Broward County case, a bank recorded a lis pendens and filed a foreclosure action against a borrower. Furthermore, they claimed the homeowners