Sharon T. Sperling's Answers

Am I still personally liable for my mortgage after Chapter 7 discharge?

No. Your personal liability on the loan was discharged in bankruptcy. The lender can foreclose on the property, and you will be named as a defendant in the foreclosure because you own the property. The court will determine the amount owed and enter a judgment that says if the amount isn't paid the property will be sold at a foreclosure sale; it is important that you make sure the state court is aware that you've received a chapter 7 discharge and that the judgment should not reserve...

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I own my car free and clear, but I need to file for bankruptcy protection due to a deficiency judgement from a foreclosure.

Many people think that vehicles or tools they use for work are protected from creditor claims. There is no "tools of the trade" exemption in Florida law. The assets which you can protect depend on the exemptions you're entitled to use, and that depends on how long you've lived in Florida, whether you own your home, etc. Depending on the value of your non-exempt assets, it may make sense to file a chapter 7 and pay the bankruptcy estate the excess value. Virtually all chapter 7 trustees...

I received my vehicle from a divorce, I own it free and clear but need to file for bankruptcy; can creditors make me sell it?

You are entitled to protect some assets from creditors, whether you file bankruptcy or not. The exemptions you can use depend on many factors, such as whether you own your home, how long you've resided in Florida, how the car is titled, etc. If you don't file bankruptcy and a creditor gets a judgment against you, the creditor can record a lien on the car and pick it up just as if you had defaulted on a car loan. You may be able to file a chapter 13, which stops your creditors from taking...

Currently I was under the impression with my attorney that I could file a Chapter 7 Bankruptcy now shes saying I have to file 13

Ask your lawyer why her analysis has changed. It could be due to your income, or that the Supreme Court just ruled that a debtor can't take a means test expense deduction for the cost of owning an automobile that's free and clear. You may have debts that can be discharged in Chapter 13 but not in Chapter 7. You don't have to keep the house if you file chapter 13. The plan will say that you will give up your interest in the property and the creditor can foreclose. If you file Chapter 13,...

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I am in the 6th month of my Chapter 13. One of my creditors, wrote my employer and told them to dismiss me. Is this legal?

Boy, did this creditor step in it! The automatic stay prohibits actions by creditors to collect pre-petition debts. This creditor wilfully violated the stay and the bankruptcy court can (and very likely will) impose sanctions including punitive damages. Also, you may have a cause of action for violation of the Fair Debt Collections Practices Act or your state's law regarding collection of debts, and for the creditor's tortious interference with your employment. Ask your attorney about...

Will i qualify for chapter 7?

The calculation of Current Monthly Income for the means test isn't based on how much you're making now, but on the total amount of income you had from all sources (other than Social Security benefits) in the six months before the month in which your bankruptcy case is filed. "Income" isn't the same as all money received. For example, if you cash out a 401(k) plan in the six month window, that's not income, because you already had the asset and you just withdrew the funds from the account....

Is a creditor allowed to ask for credit card information when a court notice is involved?

My office gets these forms letters, too. Only the original Notice of Commencement of case has the debtor's full Social Security number on it, so when creditors receive subsequent notices or orders many of them can't identify the debtor by name alone. It's very likely the creditor is only trying to find the account in its database.