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U.S. Trustee’s Office Announces New Median Income Requirements as of April, 1, 2017
The United States Trustee’s office recently announced that the Median Income figures have been adjusted and becoming effective as of April 1, 2017., and will apply to cases filed on or after May 1, 2017. Read More...

Reaffirming Debts in Bankruptcy
When you file for bankruptcy, all your liabilities are listed and are to be included in the bankruptcy discharge thus relieving you of your liabilities on the loans. However, in Florida, you have some alternative choices when you are dealing with a secured loan or loans. Secured loans are loans where you have collateral or property that has been financed; for example, an auto loan or home mortgage loan. With a secured loan you would be deciding whether you want to retain the collateral or property... Read More...

Post-Bankruptcy Credit Reporting and Collection Activity
Sudden loss of income: A financial advisor would likely advise individuals to have at least 6 months of monthly income, set aside and saved. This is so in case of a sudden loss of income, you will be able to sustain your monthly bills while you search for new employment.. Read More...

Signs Of Financial Crisis
Sudden loss of income: A financial advisor would likely advise individuals to have at least 6 months of monthly income, set aside and saved. This is so in case of a sudden loss of income, you will be able to sustain your monthly bills while you search for new employment.. Read More...

Possible Expansion for Student Loan Borrowers
As previously mentioned in my article posted November 10, 2014, discharging student loan debt in bankruptcy is difficult unless your circumstances fall within certain narrow exceptions. However, over the years there has been a push to widen those exceptions thus making the ability for student loan borrowers to discharge those debts in a bankruptcy actionRead More...

Bankruptcy Means Test | Are you eligible to file bankruptcy?
Beginning in 2005 the Bankruptcy Reform Act instituted a requirement that any Orlando resident who wishes to file for Chapter 7 bankruptcy must submit to a bankruptcy “means test” to determine their eligibility. The means test is a formula designed to prevent people with higher incomes from filing for Chapter 7 bankruptcy. Read More...

Save your home with a Chapter 13 Bankruptcy Attorney
Filing a Chapter 13 bankruptcy versus filing a Chapter 7 bankruptcy has its advantages. The primary advantage is that you can use a Chapter 13 bankruptcy to save your homestead. The Chapter 13 bankruptcy provides for a three (3) to five (5) year structured payment plan in order for an individual to save their homestead. Read More...

Discharge Debts through Chapter 13 Bankruptcy
A Chapter 13 bankruptcy is similar to consolidation payment program for your unsecured debts. Unsecured debts consist of credit cards, medical debt, personal loans, and so on. The amount which is to be paid towards your unsecured debts is determined case by case, and is dependent upon each individual’s monthly income, expenses, and the individual’s assets (if any). Read More...

Keeping your assets after Chapter 7 bankruptcy
Chapter 7 bankruptcy is called the straight liquidation bankruptcy because some of your assets may be liquidated, or sold, to repay a portion of your debt. However, the law allows you to keep many of your belongings, and a very significant number of our clients do not lose any assets at all. Read More...

Is IRS Tax Debt Dischargeable in a Bankruptcy?
A common question as it relates to bankruptcy is whether tax liability is dischargeable. Fortunately, the answer to this question may be YES. However, unfortunately, in order for Tax debt to be dischargeable, a complicated analysis must first be conducted. Read More...

Can I keep a credit card when I file for bankruptcy?
When consulting with prospective clients for bankruptcy, I am often asked whether that person can keep a certain credit card, while including all other cards into the bankruptcy. My initial response to this questions is that the answer is “No, the Bankruptcy Code prohibits bankruptcy filers from preferring certain creditors over others when fling their case. However, there are options!” Read More...

Purchasing Real Property Post-Bankruptcy Filing
There is life after bankruptcy! There are many different reasons why individuals are contemplating bankruptcy filing. It could be unemployment or underemployment, medical disability, retirement, underwater or upside down real estate properties (homestead or rental properties), creditor predatory lending practices, or simply over your head lacking affordability to maintain your monthly bills. Read More...

How can I stop debt collectors from contacting me?
As an Attorney who focuses my main area of practice on debt relief for consumers, I often meet individuals that are suffering from aggressive creditor collection activity, but who do not desire or cannot file for personal bankruptcy. Bankruptcy filings is a sure fire way to stop and prevent all collection activity, but it’s not always the only option. Read More...

Child Support Obligations Non Dischargeable in Bankruptcy
When meeting with clients I am often required to discuss the topic of child support and bankruptcy. The issue arises mostly in two ways: (1) a client is filing for bankruptcy, and he or she owes back child support and is wondering whether the back support would be dischargeable in the bankruptcy; or (2) a client has a former spouse who is filing for bankruptcy, and wondering if the former spouse can include back child support in their bankruptcy filing. Read More...

Debt Settlement vs. Bankruptcy
As a local bankruptcy, foreclosure defense, and debt relief attorney here in Central Florida, when meeting with distressed debtors, I am often asked “Which is better for my credit? Debt settlement or bankruptcy?” In responding to this question, I analyze each case depending upon each individual’s specific goals and needs. Read More...

Metro Orlando Ranks Second Nationally for its Foreclosure Rate! Bankruptcy Can Help!
As a local bankruptcy and foreclosure defense attorney here in Central Florida, I am happy to say that I am acutely aware of what appears to be strong signs of real estate market recovery in Central Florida, for the past few months of 2014. However, with good news, bad news tends to follow. As of October, 2014, Metro Orlando still ranks second nationally for its foreclosure rate. Read More...

U.S. Trustee’s Office Announces New Median Income Requirements as of November, 1, 2014
The United States Trustee’s office recently announced that the Median Income figures have been adjusted and becoming effective as of November 1, 2014. When consulting with potential clients, I am often asked “What are the income limitations in order to qualify to file for Bankruptcy?” This question can be responded to in multiple ways depending upon which Chapter of Bankruptcy that one is looking to file. Read More...

Can I Wipe Out My Mortgage in Bankruptcy?
Florida has recently become one of an increasing number of states in the nation that allows a homeowner debtor to “strip off” or wipe-out fully unsecured second mortgages in multiple bankruptcy filings or what is known as a “Chapter 20” bankruptcy. Under the recently decided Wells Fargo v. Scantling, F.3d —-, 2014 WL 2750349 (C.A.11 (Fla.) June 18, 2014) opinion, the United States Court of Appeals for the Eleventh Circuit has ruled that a debtor may strip off a completely unsecured mortgage lien in a Chapter 20 scenario, even if the debtor is ineligible for discharge in the Chapter 13 bankruptcy. Read More...

Discharging Student Loans in Bankruptcy
As a bankruptcy attorney in Orlando, I am often asked “I have student loans that I cannot afford. Are they dischargeable in a bankruptcy filing?” My initial response to this question is “probably not.” But, there are exceptions! The applicable Section of the Bankruptcy Code in regards to Student Loans is Section 523(a)(8). Section 523(a)(8) “provides that student loans generally are not to be discharged. A narrow exception is made, however, where ‘excepting such debt from discharge…will impose an undue hardship on the debtor and the debtor’s dependents.” Read More...

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