Category Archives: Chapter 7 Bankruptcy

Are You Sure You Want That Mortgage Modification?

Many of my Orlando bankruptcy clients come to me seeking a mortgage modification or are currently "working with" thier mortgage company on a mortgage modification.  They come in with the belief that a modification on their home loan will solve all of their problems and are usually quite convinced this is the right ...

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Make Your Creditors Pay! (For Your Bankruptcy)

I’m talking about a creditor who violates the automatic stay. When this happens, the creditor is at risk of being called to task for violating the Court Order prohibiting contacting the debtor in an attempt to collect a debt after the bankruptcy has been filed.

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“You Have the Right to an Attorney…”

When filing bankruptcy, you’re not “Mirandized”, fortunately, but if you choose to hire an attorney to represent you, you have a right to at least meet that attorney.

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Credit Card Companies Just Don’t Listen

Almost all of my Orlando bankruptcy clients tell me the same story when they come in for their free evaluation with me.  That is "Credit card companies just don't listen to me". "The credit card companies call non-stop, I tell them what ...

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Florida Supreme Court Rules on Wildcard Exemption

“where a debtor in bankruptcy elects not to claim the article X, section 4, homestead exemption and
the trustee’s administration of the bankruptcy estate is not otherwise obstructed by
the existence of the homestead exemption, the debtor does not receive the benefits
of the homestead exemption and may claim the section 222.25(4) personal
property exemption of $4000.”

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Your Kids or Your Credit Card Debt?

I just met with a new Orlando bankruptcy client. She came to see me, her new Orlando bankruptcy attorney, after thinking about filing bankruptcy for 2 years. She finally decided to file bankruptcy when she had to promise her 10 year old daughter that next summer she would spend more time with her ...

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Filing Bankruptcy and Own a Corporation? Be Careful!

If you own a corporation and are considering filing bankruptcy personally, you should know that the corporation may not be "protected" from the reach of the bankruptcy trustee or your creditors. When deciding whether to file an Orlando bankruptcy case for a self employed client, I always ask my Orlando bankruptcy ...

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Why Does My Ex-Wife Have To Be Listed in My Bankruptcy?

Recently, when meeting with one of my Orlando bankruptcy clients during the signing of his bankruptcy petition, I was asked why his ex-wife had to be included as a creditor on the Petition. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 enhanced the rights and procedures for the benefit of domestic support obligation [DSO] ...

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Filing Bankruptcy and Reaffirmation Agreements

The whole point of filing bankruptcy is to get out of debt.  Everyone knows that. Why, then, if you're filing bankruptcy would you voluntarily sign an agreement with one of your creditors to remain liable for a debt? That's exactly what a reaffirmation agreement ...

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Is Your Bankruptcy Attorney Asking the Right Questions?

Part of my job as an Orlando bankruptcy attorney is to spot issues a client filing bankruptcy may have in her case, explain how the bankruptcy laws will deal with those issues, and represent my client's interests with respect to those issues to obtain a positive result ...

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