Category Archives: Bankruptcy in Florida
Converting From Chapter 13 To Chapter 7 Bankruptcy
Sometimes debtors find themselves in situations that force them to convert from Chapter 13 to Chapter 7. There is also the possibility that the court may force a bankruptcy chapter conversion on a defendant. Our West Palm Beach bankruptcy attorneys are here to give our expert advice on the process and qualifications behind bankruptcy… Read More »
Redemption Before and After a Foreclosure Sale
If one is faced with losing their home to foreclosure, there are options available to “redeem” the property before or after the foreclosure sale. The set redemption periods give those named as defendants the opportunity to pay off the debt and buy back the property. Here are the two redemption options available: Avoiding the… Read More »
Judgement Liens in Bankruptcy
Creditors have the legal right, in the form of a court order, to pursue collections against the party that owes money, also known a judgement. These judgements can lead to a lien being placed on that person’s property. Under Chapter 7 bankruptcy, there is the possibility that a judgment lien against a property can… Read More »
Affirmative Defenses to a Breach of Contract
As a common argument against breach of contract lawsuits, an affirmative defense requires the Defendant to prove his explanation if the case goes to trial. This widespread type of defense does not need to dispute the Plaintiff’s primary claims, only to present the extenuating circumstances that dismiss the claim. For example, if a business… Read More »
What is a Trustee in Chapter 7 Bankruptcy?
A trustee is appointed in nearly every consumer bankruptcy case to oversee and administer the process. The trustee is independent and will work primarily for the benefit of the debtor’s unsecured creditors. Although the trustee’s role is significant, his responsibilities will vary depending on the chapter that is being filed. Our South Florida bankruptcy… Read More »
Are Changes Imminent for Student Loan Debt Standards for Bankruptcy?
The way student loans are treated in bankruptcy has long been controversial. As it stands now, student loan debt can only be discharged through personal bankruptcy if one can prove “undue hardship.” However, there is no definitive definition of what that standard means, though case law has proven it to be extremely difficult to… Read More »
How to Defend Against Creditor Robocalls
Most people have received an auto-dialed, pre-recorded call at some point. Often, these calls come from telemarketers. However, for individuals who have fallen behind on paying off debts, these calls most often come from creditors and debt collectors. While the recently passed Florida SB 568 provides added penalties for telemarketers auto-dialing consumers who have… Read More »
When Does Arbitration Beat Litigation?
Disputes are a reality of business, and the way one handles them plays an essential role in whether or not the outcome will be favorable. The way a dispute should be remedied will vary from situation to situation, but two of the most common means of solving business-related disagreements are litigation and arbitration. Litigation,… Read More »
Navigating a Lawsuit for Construction Defects
When one enlists a contractor to complete a construction project, the desired outcome is unfortunately not always what is delivered. Some defects may even put the owner in a worse position than before the project began. In such situations, the hiring party has the right to sue in order to recover damages for repairs… Read More »
3 Tips for Bankruptcy After a Natural Disaster
Hurricane Irma recently swept through our area, and though South Florida was spared the brunt of the storm, some homeowners were still left with costly expenses in its wake. Massive storms like Irma not only cause damage that homeowners must pay to repair, they also create other expenses due to lost wages, mandatory evacuations,… Read More »
