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Justin Michael Luna

Justin Luna’s Answers

17 total


  • Does a Chapt 11 Filing Automatically result in NASDAQ de-listing? What is process, requirements & timing?

    Very unusual case. The common stock dropped from $11 to $1 per share and is currently trading between .85 and 1.25, closing above $1. Filing company gave no warning and holds valuable IP...but is severely restricted for portions of business due t...

    Justin’s Answer

    I have represented Chapter 11 debtors who were publically listed when filed. The filing of the bankruptcy case does not cause the stock to de-list and their reorganization may contemplate them remaining listed or de-listed depending on their case.

    The stock can continue to trade during the case, and the debtor is required to continue to file all required SEC filings. However, if you have additional questions, feel free to contact me directly at jluna@lseblaw.com.

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  • I filed for bankruptcy yesterday at 4.35 pm when does it show in court records

    it does nos not show on my court records yet.

    Justin’s Answer

    It will largely depend on the Court and the clerk's office and case manager to when it gets docketed, however, if you filed in person, they should have file stamped the copy of the petition. Be aware there are requirements necessary to have your case remain in some events (credit counseling, filing fee, etc.). I would contact a bankruptcy attorney.

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  • Does bankruptcy cover civil theft lawsuits debt?

    I lost a civil theft case and I am unable to pay for it can I file for bankruptcy chapter 7?

    Justin’s Answer

    I concur with the assessments above. If you have a civil theft judgment based on Florida Statutes, then there is binding case law within Florida that states that such debt is non-dischargeable. However, you must take affirmative action by specific set deadlines to preserve your rights. Contact a bankruptcy attorney as soon as possible.

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  • Im being penalized for mistake my credit union made

    Credit union had me and other member account mixed up so when they made the corrections i was charged over draft fees that left account in the negative

    Justin’s Answer

    Check your deposit agreement for dispute resolution procedures. Or call your bank manager to discuss.

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  • How can I get a judgment set aside/vacated?

    4 months after moving my bank account was frozen because a judgment was granted against my wife and I with no knowledge of a hearing. My wages are exempt. Now my wife's wages are being pursued. How do I file a motion to set aside the judgment due ...

    Justin’s Answer

    You were required to be served with the lawsuit. The Florida Rules of Civil Procedure set forth the requirements to vacate but you would also want a stay of execution pending resolution of this issue which may have to be done through an evidentiary hearing. Consult an attorney.

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  • If I have a judgement against a Florida Corporation, can I levy the corporate bank account?

    I have a default judgement three separate suits against a Florida corporation. The registered agent (and president) of the corporation was named in the suit - I have banking information from this corporation (routing and account number). I am...

    Justin’s Answer

    Domesticate the judgment then file a writ of garnishment action on the bank. We do this all the time. Call me if you need additional answers.

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  • I transfered 39,555 from my joint checking account with my ex-husband, who retired at 54, 3 ears and 7 months after our divorce.

    I had frequently used the account while married for 30 years, but not touched it since the divorce was final. Nothing was mentioned in the divorce about this account . He just assumed I would no longer use it. He retired three years and seven mont...

    Justin’s Answer

    May not want to post this. I would consult your prior divorce attorney if you had one.

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  • Is it possible to own the property foreclosed on when debt was discharged with Chapter 11 bankruptcy?

    I foreclosed on my primary residence and the debt was discharged via chapter 11 bankruptcy. I thought it was good and done; however I've been receiving mail from realtors interested in selling my property. I did a search in PAPAS website and the p...

    Justin’s Answer

    I would run a title search for the property to find existing liens and title owner of property. If your presumably secured debt was treated in plan that allows you to retain property without payment congrats. Look to plan and run title.

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  • Customer cancelled contract after we filed chapter 11. Is this OK?

    I own a small company which filed a chapter 11. We had a customer who was under contract to buy some product from us. Right after we filed, the customer wrote saying that because we filed, the customer was cancelling the contract and would not b...

    Justin’s Answer

    If this is an executory contract, you have the right to assume or reject the contract. During the interim, the contract is valid and enforceable according to its terms. If they breached based solely on you filing bankruptcy, such default provision is not enforceable. Fire away.

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  • Should I wait for a Chapter 7 Trustee appointment before negotiating or paying Debtor Attorney Claw Back Letter of $12,500.

    Claw Back Demand Letter (Preferred Stock Dividends paid by Private New York Corporation) received during transition from Chapter 11 Debtor in Possession to Chapter 7 with Trustee to be appointed. Current Law Firm clearly working for Debtor -in- ...

    Justin’s Answer

    Too vague on the details. Have they alleged specific causes of action (i.e. fraudulent transfers)?

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