Filing for bankruptcy can be hard on you and your financial situation. It can be challenging to admit that you made some misguided money decisions that snowballed out of control. And, that now you need help getting out from under some debt. Or maybe you are overwhelmed by medical bills or lost your job unexpectedly and can no longer pay off your debt. However you got to the point of
There’s a lot to consider if you find yourself in a situation where filing for bankruptcy might be an option. Your questions, stress levels, and worry will overwhelm you. You need to evaluate all your options to understand what bankruptcy will and won’t do for you while also preparing for the consequences. Should you decide to do it, you might have some questions about how bankruptcy works and the steps
A Chapter 7 bankruptcy comes from the 7th chapter of the bankruptcy code. It is also known as the “liquidation” bankruptcy. This is because the Trustee has to liquidate, or sell, all non-exempt property in order to repay your creditors. The majority of individuals who file for Chapter 7 bankruptcy get the keep their property. However, there are some states that are more charitable than others. The process normally takes
Bankruptcy is a legal process that helps us eliminate our debts and start afresh financial life. Furthermore, the purpose of bankruptcy is for you to declare your inability to repay your debts; even with the help of other debt relief or debt settlement options. Moreover, the bankruptcy laws enable you to take the required steps to discharge your debts. And, they help you start a new financial life. However, the
A final judgment is the Judge’s final decision in a case as recorded in the files stored in the Office of the Clerk of Courts. The name for the party that sued you and obtained the judgment is “judgment creditor.” The judgment creditor can obtain the right to proceed against your property through a writ of execution, garnishment, or other judicial processes. A judgment becomes a lien when a certified
South Florida bankruptcy filings were down substantially in the 2nd quarter, compared to last year; according to data released by the U.S. Bankruptcy Court for the Southern District of Florida. Personal bankruptcy filings (Chapter 7 & Chapter 13) in Palm Beach, Broward, and Miami-Dade counties totaled 7,194. This is from April through June of 2012; down 23% from 2011. Bankruptcy filings can be linked in large part to the rate
Short sales are exceeding the number of foreclosure sales in South Florida. Broward County had 1,831 short sales in the first three months of 2012, compared with 1,476 foreclosure deals. On a quarterly basis, this is the first time short sales have outnumbered foreclosures in Broward since early 2008. Short sales also exceeded foreclosures in Palm Beach County and across Florida from January through March. Banks are more motivated to
In Florida, there exists an exemption in bankruptcy called Tenancy by the Entirety (TBE). TBE is a collection of property that can only exist between a husband and wife where both spouses own and control the entire collection. This property is exempt from creditors who own an individual debt in one of the spouse’s name. However, this property is not exempt from creditors who hold joint debts of both spouses.
When deciding whether to file a Chapter 13 Bankruptcy together with your spouse, there is a new interesting factor to consider. In a recent case, the next thing happened. Judge Cristol denied a Chapter 13 Debtor the ability to strip a lien off of his home. Lien stripping is a great benefit of Chapter 13. It allows an underwater property owner to knock off a second mortgage, provided it does
Previously, lien stripping was something that could only be done in Chapter 13. However, a recent opinion from the 11th Circuit has changed that rule. Here, a Chapter 7 debtor in Georgia sought to strip off a second mortgage that was totally unsecured. The 11th Circuit reversed the Bankruptcy Court. And, they found that the lien could be stripped off pursuant to the plain language of the Bankruptcy Code. It
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