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Jeffrey David Solomon

Jeffrey Solomon’s Answers

411 total


  • Chapter 7 pro see bankruptcy case. My reaffirmation has been filed. How do I set the date for my reaffirmation hearing?

    My creditor filed the reaffirmation agreement with the court. How do I schedule the hearing for the reaffirmation agreement? Fl Middle District (Tampa)

    Jeffrey’s Answer

    The court will set the hearing and notify you of the hearing date. (Note I am in the Southern District of Florida and this is the procedure locally. I cannot speak with certainty as to the Middle District, but I must assume this is the procedure).

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  • Can a judgment be placed on homestead property?

    I have a deficiency judgment against me for over $250.000.00 for one of my foreclosed properties. My homestead property is free and clear of mortgages. If I own 1/3 of this property can the creditor's force me to sell my share of the property to...

    Jeffrey’s Answer

    Florida protects homestead property from judgment liens. A bankruptcy would discharge the debt. Keep in mind that a title company might give you a problem when you try to sell or refinance. There is a state court procedure to ensure that you can close without paying the judgments, and in bankruptcy an order can be obtained the expressly voids the possible judgment lien as to the homestead.

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  • Chapter 7? my name is on all of my sisters bank accounts. she is the only one who puts money in the accounts.

    i live in florida and my sister lives in durham nc. can they freeze my sisters accounts even if i dont use them

    Jeffrey’s Answer

    If you file bankruptcy you have to list all accounts. The funds are at risk. There is an argument as to what is called bare legal title or constructive trust, meaning that the funds are not really yours. You really should consult an attorney on this matter. If you take your name off the account, this could have its own risks, and you would need to disclose the closed account(closed as to you).

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  • When may I file bankruptcy again?

    I last filed Bankruptcy May 13, 2008 and it was discharged August of 2008. I am aware that the law is to wait 8 years from last filing. May I just file again now and tell creditors that I have filed, then discharge after May 13, 2016?

    Jeffrey’s Answer

    A chapter 7 cannot be filed until 8 years after the prior filing of the chapter 7 in which you were discharged. You are eligible to now file a chapter 13 with perhaps a low payment, but your plan would be at least 3 years.

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  • I went to an attorney to file ch 7 bankruptcy. I was told that I could add my student loans, the attorney said no I can't.

    Am i able to add the student loans or not? I don't want to file with him if I am able to do so and prefer to find another attorney.

    Jeffrey’s Answer

    Student loan debts cannot be eliminated in bankruptcy, as a general rule. All creditors must be listed, but student loans cannot be discharged in the usual case. There is an exception to establish "undue hardship". But this would involve suing the student loan creditors in the bankruptcy case to determine that you have an undue hardship. The case law makes it very tough to establish undue hardship. You should discuss this issue more fully with your attorney.

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  • Chapter 7 or 13 bankruptcy?

    I'm recently divorced. My home irecently foreclosed on. It has 40,000 dollars in equity. My income is approximately 1700 dollars per montmonth. my vehicle was recently repossessed. I'm having a really difficult time making ends meet and credit car...

    Jeffrey’s Answer

    Based on the facts you have provided, with your income and assets, it does appear a chapter 7 would make sense for you. However, you should first consult with an attorney to make this evaluation.

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  • Secured debt (non-consumer), loan applications primary and secondary homes, Chapter 7

    I bought homes in early 2000, first using them as homestead and then converting them into rentals. After 1-2 years of stay each home became a rental. So, the loan applications for mortgages originally stated as primary residences, but the tax fi...

    Jeffrey’s Answer

    • Selected as best answer

    Mortgage secured debt is routinely discharged in chapter 7 bankruptcy. You would surrender your interest to the bankruptcy trustee who could attempt to sell the properties. All creditors have a right to object to discharge. Your question seems to go to this issue, which would involve whether the actual loan applications were fraudulent. But you are permitted to move, so that by itself would not be unusual. Whether the debt is consumer or non-consumer brings in other issues which should be discussed with your attorney(you might not be required to file a means test, for example). You should have good records as to receiving and spending the rental income.

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  • Person Injury settlement

    I was in a car accident in Feb this year. In the state of Florida is this type of settlement exempt from Bankruptcy? The accident settlement is not finalized and the bankruptcy has not been started yet- is is just being talked about as an option.

    Jeffrey’s Answer

    There is no specific exemption in Florida to protect the proceeds of an accident case. If you receive the settlement prior to filing bankruptcy, you will have to disclose the settlement. You will have to account for how you might spend the settlement funds.

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  • Stopping Foreclosure

    I have fallen six months behind on my mortgage payment due to surgery that had me out of work for 3 months. We were just served foreclosure papers today. I will have the funds available this Friday to pay the mortgage and make it current. Once I...

    Jeffrey’s Answer

    Lenders usually will permit you to reinstate the mortgage. However, you also will not have to pay court costs and legal fees of the lender. You will need a written reinstatement letter from the lender. Also, you do not want to ignore the deadline of 20 days from service to file a response at the courthouse. You should consult an attorney to protect your interests.

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  • My BK 7 discharge would I hire attorney to do consent to in REM judgement? And is Rem mean please thank you for time

    The mortgage served foreclosure papers and need to respond please help

    Jeffrey’s Answer

    "In Rem" means the lender is only seeking relief against the property so it can foreclose. They are not seeking a personal money judgment against you. If you are not attempting to retain or stay in the property, this may be a good idea so you no longer have any risk or responsibility as the owner of the property. You may want to consult with an attorney to be sure that what the lender is doing and to review the foreclosure papers.

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