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Fleysher Law Blog

CAN YOU LOSE YOUR IRA, 401(K) RETIREMENT OR PENSION ACCOUNTS IF YOU FILE BANKRUPTCY?

Learn everything you need to know about bankruptcy and losing retirement savings. If you’ve spent years saving and building up your retirement, figuring out whether you’ll be able to keep it is probably a paramount concern when considering filing for bankruptcy. In Ch. 7 bankruptcy, the Ch. 7 trustee will sell off or liquidate any assets that are not exempt (or protected) to repay your creditors with some of that

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SHOULD I RESOLVE MY IRS DEBT WITH BANKRUPTCY OR AN OFFER IN COMPROMISE?

    Depending on the age and nature of your tax debt, bankruptcy may be an advantageous alternative to an Offer In Compromise with the IRS. Being in debt can be a very difficult situation to deal with. Even more so when one of your major creditors is the IRS. Deciding which bills to pay, which bills to ignore, watching late penalties and interest accrue, have all become part of

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WHY WOULD I FILE CHAPTER 13 IF I QUALIFY FOR CHAPTER 7?

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 a choice between Chapter 7 and Chapter 13 (or possibly both). Chapter 7 is commonly

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Mortgage

How Will Filing Bankruptcy Affect My Chances of Getting a Mortgage or Refinance?

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 your case was “dismissed” or “discharged”; and (3) what type of mortgage loan you are

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Top Bankruptcy Attorney

Emil Fleysher Added as Top Bankruptcy Attorney on Expertise.com

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 help customers find the best-qualified professional for their needs. Their research process is always evolving

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student loans

Bipartisan Student Loan Bankruptcy Bill Introduced

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 extremely difficult. To do so, most borrowers must demonstrate “undue hardship,” which is a difficult

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Auto Refinance

Auto Refinance in Ch. 13

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 bankruptcy that provides for a personal reorganization of your finances. In addition to discharging your

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mortgage loan reductions

Borrowers in South Florida could get mortgage loan reductions

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? The Federal Housing Finance Agency, which oversees Fannie and Freddie, said more than 30,000 borrowers

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Paragraph 22

Foreclosure turned over Paragraph 22 of the Mortgage

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 connects to paragraph 22. What Happened? The homeowner also filed for summary judgment; in dispute

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loan servicer

Loan Servicer Failed to Verify Records from its Predecessors

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 to verify its predecessor’s records in a foreclosure case. Butchko allowed an involuntary dismissal in

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