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,
Read MoreFlorida’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
Read MoreWARNING! 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
Read MoreShooters 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
Read MoreWhy 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
Read MoreA 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
Read MoreEmil Fleysher Quoted in Recent Report on CoreLogic CoreScore Model
A recent article written by CreditCards.com reporter Kelly Dilworth quotes several resources; including Emil Fleysher in discussing the potential effects and implications of the new CoreScore model of credit reporting from Core Logic. Emil Fleysher has previously written 2 articles on the topic that you can find on FleysherLaw.com Blog. To read the full article
Read MoreWill Student Loan Debt be the Next Bubble?
With student loan debt now topping U.S. credit card debt and few or no options available for distressed borrowers, America faces the very real possibility of another major economic threat. The threat that is on a par with the devastating home mortgage crisis. As bankruptcy attorneys, we have seen an increase in the last three-four
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