Recent Blog Posts
Payday Loans and Chapter 7 Bankruptcy
Any individual who is planning to file for Chapter 7 bankruptcy in West Palm Beach or elsewhere in South Florida should ensure that all, or the majority, of their debts are dischargeable. Under the US Bankruptcy Code, certain types of debts are classified as “exceptions to discharge.” While many forms of consumer debt can… Read More »
How to Keep Important Assets in a Liquidation Bankruptcy
When an individual or a married couple in Florida consider bankruptcy, one of the most pressing considerations is the required liquidation of property. It is critical to understand that assets are only liquidated when an individual (or married couple) files for Chapter 7 bankruptcy. If an individual files for a kind of reorganization bankruptcy,… Read More »
What is Non-Exempt Property in a Bankruptcy?
As you may know, if you are filing for Chapter 7 bankruptcy as an individual in South Florida (as opposed to a business bankruptcy), you will need to work with a lawyer to determine which of your assets qualify as “exempt” under Florida law and which are not going to be exempt (i.e., non-exempt… Read More »
Bankruptcy and the Statute of Limitations on Debt in Florida
Debtors who are considering a bankruptcy filing in South Florida might find information about the statute of limitations for various debts, and they may be wondering if they actually owe debts that could now be time-barred. The term “time-barred” refers to a claim (such as the collection of a debt) that is no longer… Read More »
Can I Use Florida’s Homestead Exemption?
Homeowners in Florida who have paid off their mortgages or the majority of their mortgages and are planning to file for bankruptcy often have access to the Florida homestead exemption. If you are a homeowner in South Florida and are considering bankruptcy, you might already know that Florida’s homestead exemption is among the most… Read More »
Objections to Proposed Chapter 13 Plans
Are you considering a Chapter 13 bankruptcy filing? If so, it is important to know that part of any Chapter 13 bankruptcy case is to draft a repayment plan designed to last three to five years. The aim is for the repayment plan to allow priority creditors to be repaid in full over the… Read More »
Understanding the Chapter 13 Confirmation Hearing
When an individual (or married couple) files for Chapter 13 bankruptcy in South Florida, one of the steps in the bankruptcy process is the confirmation hearing. This hearing occurs so that the court can consider the elements of the debtor’s proposed repayment plan and can either approve the plan or send the debtor back… Read More »
What Types of Bankruptcies Are Available for South Florida Businesses?
Businesses, like individuals, can struggle immensely with debt, especially in Florida when the business enters the off-season months or when varied factors affect market fluctuation. Sometimes those factors are short-term and temporary (such as the economic effects of a hurricane in South Florida) while others are longer term (such as increasing interest rates that… Read More »
Can a Creditor Have the Automatic Stay Lifted in My Bankruptcy Case?
For any individual or business filing for bankruptcy, the automatic stay is an extraordinary tool that they can expect to take effect at the time of filing the bankruptcy petition. In general, debtors can expect the automatic to protect them as soon as they file for bankruptcy. Yet there are some limited circumstances in… Read More »
Bankruptcy Over Age 70
With Florida residents retiring slightly later than earlier generations — most people who are at or near retirement age will currently reach what the Social Security Administration (SSA) defines as “full retirement age” at age 67 — it is important to consider how bankruptcy may be an issue for adults at full retirement age… Read More »
