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Jeffrey David Solomon

Jeffrey Solomon’s Answers

376 total


  • It looks like I will have no choice but to file for Bankruptcy Ch. 7 soon.

    I know that here in Florida, I will be allowed a $1,000 Personal Property Exemption. But I would like to know if my 22 yr. old adult son who lives with me and is a full-time college student will be allowed a separate $1,000 personal property exem...

    Jeffrey’s Answer

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    You are filing bankruptcy. Your son is not filing (and even if he had his own debt and needed to file, it would be a separate case). His assets would not count against you. However, the trustee might want to see proof your son paid for the items. Did he have an independent ability to purchase the items? If you had bought them as a gift for him and you are in the same house, that would appear to be really your asset.

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  • In a chapter 13 filing, does the trustee always keep income tax refunds?

    Back taxes were included in the filing and pymt plan already set, just filed taxes while waiting for my 341 meeting

    Jeffrey’s Answer

    In chapter 13 cases in Broward County, Florida, where you are located, the trustee will not take your initial refund (and generally not future refunds). The right to receive this refund is an asset that would be included in your "liquidation" test which would be the minimum you would have to pay unsecured creditors in your plan. Also, 1/12 of the refund would be considered monthly income in your Schedule I.

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  • I got divorced in August 2014 and part of the settlement and agreement my ex-husband took ownership of all the debt

    He took responsibility of all thew debt we had in common. Now I am trying to refinance my house and in my credit report still showing one account (Chase) that we had join and I am not able to refinance. Is he liable, can i dispute that account? Wh...

    Jeffrey’s Answer

    A joint account with a credit card company remains as your debt. The creditor can file suit against you to attempt to recover. It may be true that you have a right to sue your ex to make him pay the debt, but you still have the debt.

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  • How is the equity in a property calculated in bankruptcy?

    I filed for chapter 7 recently, and I have a foreclosure in which I am a 50% owner in the property. The mortgage principal owed is $412K but accumulated interest, taxes etc are around $200K. Market value is around $600-630K for the property at thi...

    Jeffrey’s Answer

    The trustee might demand that all of the rent you are receiving be paid to the trustee. The trustee also can try to sell the property. Some trustees try to sell to an investor with a "carve out" of the bank's interest so that the trustee can obtain some of the funds for the benefit of the unsecured creditors and trustee fees.

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  • Bank lawyer did not show at lift of stay hearing do i get the stay

    can the bank lawyer ask for another hearing if they did not show for the first one

    Jeffrey’s Answer

    You still have your relief from stay if the motion was not granted, but the creditor might try to obtain another hearing date. In a chapter 7 case you must have filed an objection or else there would not have been a hearing. The attorney could have an explanation to file with the court to have an additional hearing, or could be required to refile the motion. In chapter 13 all motions for relief are set with the court. The attorney could again try to set a hearing but you could tell the judge that you have been inconvenienced, perhaps lost work, due to having to attend a second hearing. However, your case might be in a status where there is no longer a stay so the creditor does not need the order.

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  • I dont have job and money,student loan of my husband is marital liability for me in divorce case?

    I got married in 2010 , that time my husband was in the third year of medical school, i came US after he had got his degree ,and he was a resident and got salary, after just 10 months of living with him,he wants divorce and his lawyer send me p...

    Jeffrey’s Answer

    I agree that you have no liability to the student loan company. You need to ask this question to divorce attorneys to determine whether your husband has any basis in family court to make you pay some of this debt.

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  • Received a bill from the hospital in the amount of $11,663.87 I can pay in full of get financial assistance.

    My question: can the hospital force me to pay what they want me to pay even if it means putting me in financial distress and prevent me from paying all my monthly bills including my mortgage. Is there a way to legally keep the hospital from enforc...

    Jeffrey’s Answer

    The hospital, just like a credit card, has a right to sue. After they obtain a judgment they can try to collect, if you have any assets subject to collection. So unless there is a judgment and you have an asset or are subject to garnishment, the hospital cannot force you to do anything. You should consult with an attorney about your entire financial situation, including if you have other debts.

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  • Can you have a home title changed before filing Bankruptcy?

    It is starting to look like I may have to file for Chapter 7. Currently my parents have myself and my sister on the title of their home, the idea being that we would automatically be the home owners at the time of their passing should they keep t...

    Jeffrey’s Answer

    I agree that transferring title prior to filing bankruptcy is a tricky issue. There are pros and cons that need to be evaluated and discussed. You really need bankruptcy counsel to discuss what could happen if you transfer title and if you do not transfer title. You are apparently receiving conflicting advice, but attorneys certainly could disagree. Keep in mind there is a one year period where a trustee can object to your discharge and a four year period for fraudulent transfers.

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  • Bankruptcy

    How much do u guys charge to file bankruptcy?

    Jeffrey’s Answer

    Most attorneys will provide a free consultation. The fee will depend on the circumstances of your case. No attorney could quote a fee without more details.

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  • Im in middle of suing this person and i dont think he will pay or get a lawyer. sand i will likely get a lien put on his house

    how do i collect from this

    Jeffrey’s Answer

    In Florida a record certified judgment creates a lien on real property, but the lien does not attach to homestead. The debtor might have to take some action to confirm the property is homestead, but you will not be able to levy on the property.

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