It is my understanding the lender must still go through with the foreclosure, must still prove standing, must still accelerate, and must still comply with paragraph 22 by sending a default letter....following generally the same protocol regardless...
You are correct, the lender still must properly foreclose and you can defend. However, please be aware of one issue. I have seen in South Florida that some lenders in the state court foreclosure case are arguing that if you filed your bankruptcy Statement of Intentions that said you are surrendering the property, that you cannot defend the foreclosure.See question
Are monies earned working also exempt if this money is needed to keep living in the house?
The homestead exemption for your real estate has nothing to do with an exemption from garnishment. There is a separate exemption from garnishment of wages if you provide the majority of support for a dependentSee question
I make $80,000 a year, I have no other debts, other than the house and I would like to surrender the house back to the bank. Can I file a Chapter 7 just o give the house back?
A chapter 7 would discharge your debt to bank. However, you remain the owner of the property until title is actually transferred. If the chapter 7 trustee does not sell your house (if you are not claiming homestead), the bank would have to accept a deed. The bank likely would still go through the foreclosure process to obtain title. Another problem is you might be earning too much to qualify for a chapter 7. You need to review your options with an attorney.See question
The finance company has filled the motion to lift the automatic stay. I want to return the car, however I am not sure if I should wait for the court or if I should drop it off like their (finance company) attorney wants. Would love to save the ext...
You can give your car back to the lender. But consider the following complication. Have you had your meeting of creditors yet? The trustee does have a claim on the car, and until the trustee determines whether he or she wants your vehicle, you would not be returning the car to the finance company. The finance company would also need the trustee's consent (or after the deadlines in the motion and the trustee does not object.See question
My 341 meeting was today and the trustee concluded the meeting with no additional questions or continuance. Do i just wait the 60 days to receive my discharge or so I need to follow up/will receive more info from the trustee?
Creditors have 60 days to object to your discharge by filing a lawsuit with the court. The 60 days is from your meeting of creditors. Creditors and the trustee can file a motion to extend the deadline. There is nothing else you have to do but wait for your discharge as long as the trustee is not seeking any more information from you and is not requesting recovery of assets from you.See question
My creditor filed the reaffirmation agreement with the court. How do I schedule the hearing for the reaffirmation agreement? Fl Middle District (Tampa)
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).See question
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...
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.See question
i live in florida and my sister lives in durham nc. can they freeze my sisters accounts even if i dont use them
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).See question
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?
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.See question
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.
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.See question