Roman Vincent Hammes’s Answers

Roman Vincent Hammes

Orlando Litigation Lawyer.

Contributor Level 7
  1. Considering filing bankruptcy. What can I retain? I don't think I make enough to qualify for ch13 so prob would have to be ch7.

    Answered almost 2 years ago.

    1. Roman Vincent Hammes
    2. Elias Leonard Dsouza
    3. Deborah F Bowinski
    4. Dorothy G Bunce
    4 lawyer answers

    There are a handful of issues here. First, what you would be able to retain. In chapter 7, the debtor retains all exempt property and any non-exempt property that the trustee abandons (doesnt administer for the benefit of your creditors). Common exemptions include homestead, $1K in a vehicle, $1K in personal property, wages held in a bank account that were earned in last 6 months if you are head of family, tenancy by the entirety property (if you have re-married), etc. If you do not claim...

    9 lawyers agreed with this answer

  2. I included my condo in a chapter 7 in August 2011. I have moved out and the bank still has not taken the condo.

    Answered almost 2 years ago.

    1. Roman Vincent Hammes
    2. Robert A. Stumpf
    3. Michael Ferrin
    4. Steven Anderson Leahy
    5. Brian Michael Mark
    6. ···
    6 lawyer answers

    Here is what I wrote as a legal guide on the dischargeability of HOA dues in chapter 7. The same applies in your situation: The dischargeability of HOA dues in a chapter 7 case requires a somewhat convulated explanation. First a pair of important distinctions. There is a distinction between (a) HOA dues that accrue before the chapter 7 case is filed and (b) HOA dues that accrue after the chapter 7 petition is filed (including any assessments that first become due while a chapter 7 case is...

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  3. Can a HOA collect dues that were discharged if I am still in the home?

    Answered almost 2 years ago.

    1. Roman Vincent Hammes
    2. Dorothy G Bunce
    3. Robert A. Stumpf
    4. Knute Arthur Rife
    4 lawyer answers

    First, a couple of necessary distinctions. There is a distinction between (a) HOA dues that accrue before the chapter 7 case is filed and (b) HOA dues that accrue after the chapter 7 petition is filed (including any assessments that first become due while a chapter 7 case is pending). There is a further distinction between (a) in personam liability (personal liability) and (b) in rem liability which relates to the HOA's lien rights against the property. A chapter 7 discharge eliminates a...

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  4. Pro bono?

    Answered almost 2 years ago.

    1. Roman Vincent Hammes
    2. Dave Bahr
    3. Marc Gregory Wagman
    3 lawyer answers

    Many lawyers take cases pro bono on a regular basis. I recommend that you contact the bar association in your county of residence and inquire into their legal aid program. Good luck

    3 lawyers agreed with this answer

  5. If an auto is owned in the name of the husband and wife can a creditor that is after the husband take the auto ? the wife is

    Answered almost 2 years ago.

    1. David Jule Gruskin
    2. Roman Vincent Hammes
    3. J. Garry Rooney
    3 lawyer answers

    Under Florida law, property titled to husband AND wife jointly is presumed to be held as tenants by the entirety. Assuming that the creditor's loan is not secured by the vehicle, then the creditor cannot come against the vehicle if the vehicle is owned as tenants by the entirety. Note that if the vehicle is title husband OR wife, then it is not tenancy by the entirety and a judgment creditor of the husband (or a non-judgment creditor if the loan is secured by the vehicle) can seek to have...

    3 lawyers agreed with this answer

  6. In Florida, is there any exemptions a truck fdriver can use to try and protect his truck and trailers?

    Answered almost 2 years ago.

    1. Roman Vincent Hammes
    2. Brent Allan Rose
    3. Robert A. Stumpf
    3 lawyer answers

    Under Florida law, an individual is entitled to a $1K exemption in any one vehicle, $1K in personal property, and an additional $4K wild card exemption if the individual does not take a homestead exemption. There are also exemptions for certain assets titled to husband and wife as tenants by the entirety. Whether the tenancy by the entirety exemption applies in your case depends on a number of factors (i.e. how the vehicles are titled, whether or not there are joint debts with your wife). I...

    3 lawyers agreed with this answer

  7. What if you had 7 investment homes that ended in foreclosure & recently received motions for deficiency judgment totaling $500 K

    Answered almost 2 years ago.

    1. Lewis Matthew Roberts
    2. Roman Vincent Hammes
    3. Joshua Eli Adams
    4. Nishat Azam
    5. Margery Ellen Golant
    5 lawyer answers

    From an individual perspective, a chapter 7 bankruptcy is probably the best course of action to address your personal liability on the deficiency judgments. I assume you will either qualify for chapter 7 because (a) your income is low enough to qualify under the means test or (b) your business/investment debts exceed your consumer debts. On the business side, the situation can be more tricky if you are planning to keep the business operating. I recommend that you to an experienced bankruptcy...

    2 lawyers agreed with this answer

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  8. I owe an attorney money that I used in child custody. Can I discharge that in Chapter 7?

    Answered almost 2 years ago.

    1. Richard Allan Heller
    2. Roman Vincent Hammes
    3. Robert A. Stumpf
    4. Robert Jason De Groot
    4 lawyer answers

    If the fees are due to your lawyer, they are dischargeable. If you owe fees to your ex's lawyer, they may not be dischargeable. If the fees are due to your lawyer and he obtains a judgment against you, you may be able to avoid the judgment if it impairs an exemption that you are entitled to. A good bankruptcy lawyer should be able to tell you if the judgment can be avoided based on the particulars of your situation.

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  9. Is it possible to be both plaintiff and defendant in the same case?

    Answered almost 2 years ago.

    1. Roman Vincent Hammes
    2. J. Garry Rooney
    3. Rixon Charles Rafter III
    3 lawyer answers

    It is not unusual in a mortgage foreclosure case to see the same bank listed as the plaintiff and a co-defendant. In these cases, the plaintiff bank typically holds a first mortgage on the property as well as a second or junior mortgage/ lien on the property.

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  10. Is the decision for Chapter 7 lien strips being appealed? And if so, when is the appeal going to heard? Thank you.

    Answered almost 2 years ago.

    1. Lewis Matthew Roberts
    2. Roman Vincent Hammes
    3. Walter C Oney Jr
    3 lawyer answers

    The 11th circuit reconvenes in October and may take the issue up then.

    2 lawyers agreed with this answer