The landlord does not have to refund your security deposit because of your bankruptcy. A bankruptcy discharges or eliminates your debts. The landlord is holding your asset as security or collateral for possible property damage or for the last month's rent.
Law Office of Jeffrey Solomon
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There is no absolute income level as to filing for chapter 7. There is a concept called the means test where we first look at your income compared to the median income for your household size in the state. But depending on your reasonable and allowable expenses, you can be way above median income and qualify for a chapter 7. I have a fuller explanation of the means test at www.solomonlawoffice.com
Law Office of Jeffrey Solomon
You can retain an attorney to file a Motion for Relief from Automatic Stay in the bankruptcy court to complete the foreclosure. There might be other issues if the debtor filed a chapter 13 attempting to save the property, though you could probably prevail on the basis that the debtor has no right to a chapter 13 payment plan to save the property by filing after the foreclosure sale.
I agree with the prior answers. Transferring an asset can create a serious problem for you as to any bankruptcy. An attorney should be consulted an examine issues such as the value of the business including whether the corporation has any debt.
I agree with the other responses. Chapter 7 requires an 8 year wait to file another case. The date is based on date of filing. This was extended from 6 years when the law changed in 2005. However, there are shorter periods when the prior discharge is from a chapter 13. Congress made it tougher on chapter 7s but easier on chapter 13s to file a new case.
I agree with the other responses. You can see that you really should obtain a full consultation about your circumstances. Note that as discussed, you can be over the median income income of the state and still qualify for chapter 7 based on your allowed expenses. More information on the means test can be seen on my website.
I agree that you need to review all of your financial circumstances with an attorney. A fraudulent transfer, giving away your assets, though generally not criminal, can set up a law suit against your children to recover the transferred assets. Your LLC is already in foreclosure, so there is already the possibility of a deficiency and suit on the guarantee. If there really is equity in the LLC assets, then one would think you could sell and payoff the lender.
The filing of a bankruptcy will stop a foreclosure sale by a condo or homeowner's association. The question is, then what? You need to discuss your options and plans with an attorney regarding a possible chapter 7 or 13 bankruptcy. In Florida you might be able to strip the past due balance on an association lien.
Keep in mind that if you file bankruptcy, your worst enemy in the bankruptcy could be your soon to be ex-husband and his family. You must be extra careful to be fully accurate with what you file with the bankruptcy court. Many ex-spouses inform the trustee of every thing they can. (Don't forget to list that wedding ring, for example.)