Category Archives: Bankruptcy
Contracts That Limit Or Take Away Your Bankruptcy Rights Are Not Enforceable
If you sign a contract, especially one that involves the payment of money, one party may know that the party that has to pay money could discharge their debt in bankruptcy. Or, a party may know that if the other files for bankruptcy it could affect that party’s ability to fulfill their obligations under… Read More »
All About Cars And Chapter 7 Bankruptcy
Bankruptcy is intended to give us a fresh start and allow us to be able to renew our financial lives. But that’s really hard to do without a car, especially in South Florida. What good is a bankruptcy, if you have no car when it’s over to get yourself to work and make money?… Read More »
Florida Bankruptcy Exemptions You May Not Have Known Existed
In bankruptcy, the bankruptcy court can take a debtor’s property and sell it to satisfy debts owed to creditors. But in reality, for most debtors, property will never be taken because of exemptions. Exemptions allow a debtor to protect property from being taken by the trustee. Some exemptions are relatively well known in Florida…. Read More »
What’s A 341 Meeting?
In most cases, bankruptcy, especially chapter 7 bankruptcy, is a relatively straightforward and quick process. Most bankruptcy filers won’t even have to go before a judge or in a courthouse. The only thing that a bankruptcy debtor will ever have to attend that is anywhere close to a court hearing is what is known… Read More »
Family Law Can Turn Dischargeable Debts Into Non Dischargeable Debts
Very often, divorce and bankruptcy go hand in hand. Yet, people who are filing for, or thinking about filing for divorce, rarely give thought to having a bankruptcy consultation before their divorce, so they understand how bankruptcy may affect them after their divorce. Support and Bankruptcy One aspect of divorce that can be affected… Read More »
Bankruptcy And Landlord Tenant Leases
In many cases—especially with the COVID-19 pandemic creating financial hardship for everyone—bankruptcy may be an answer to problems related to paying rent. Whether you are a landlord or a tenant, knowing how bankruptcy interacts with landlord-tenant relationships can help you decide if bankruptcy is right for you. The Landlord and the Automatic Stay A… Read More »
What to Expect at Your 341 Meeting
In most bankruptcy cases, the case goes without any problem, and there are few, if any hearings for the debtor to have to go to before a discharge is entered (or until a plan is approved, in a Chapter 13). However, there is one event that every debtor will have to attend: The 341… Read More »
Bankruptcy and Divorce: Which Should Come First?
The sad reality is that in many cases, divorce often leads to bankruptcy. It is also true that because financial problems tend to cause problems in personal lives, bankruptcy also tends to lead to divorce. Either way you look at it, the two can go hand in hand. But which should come first? Is… Read More »
Voluntary Payments to Creditors Before Bankruptcy Can Lead to Problems
Even though you are filing for bankruptcy, you may think that you are being nice by paying some creditors before you file for bankruptcy. After all, what can be wrong with paying whatever creditors that you can, whatever amount you can? Certainly, the bankruptcy court would approve of your good faith effort to pay… Read More »
When Should You File Your Bankruptcy Case? Timing Matters.
Do you need to file for bankruptcy? That’s often the initial question that many consumers ask who are facing financial troubles. But what about the question of when to file for bankruptcy? A large part of filing a successful bankruptcy, and eventually obtaining a bankruptcy discharge, is timing. Filing your bankruptcy at the right… Read More »
