Rex Edward Russo’s Answers

Rex Edward Russo

Miami Bankruptcy Attorney.

Contributor Level 14
  1. What is cramming what is owed in terms of legal fees and overages on an investment property during a bankruptcy filing of

    Answered over 2 years ago.

    1. David Lloyd Merrill
    2. Jeffrey B. Lampert
    3. Rex Edward Russo
    4. Warren Vincent Norred
    4 lawyer answers

    You have excellent advice here from Mr. Merrill. However, it sounds to me like you might be seeking this advice in the belief you can handle it yourself. Don't try that! It's hard enough for attorneys. Seek competent counsel.

    12 lawyers agreed with this answer

  2. Do I need a lawyer if I am an LLC representing itself on an Appeal Case?

    Answered about 1 year ago.

    1. Robert P Garven
    2. Rex Edward Russo
    3. Will Murphy
    4. Alan James Brinkmeier
    5. Mark Theodore Tischhauser
    6. ···
    8 lawyer answers

    Corporations must be represented by counsel. Additionally, appellate court is no place for trying your hand at lawyering. If you think you have been wrong by the judgment of the court, have qualified counsel review the facts and give you an opinion.

    9 lawyers agreed with this answer

  3. What happens to a balloon payment [mortgage] in a bankruptcy in florida

    Answered over 1 year ago.

    1. Rex Edward Russo
    2. Lamya A Forghany
    3. Robert J Adams Jr.
    4. Shawn B Alexander
    5. Scott Martin Hutchinson
    5 lawyer answers

    A lot more information is needed. Is it your residence? Is it an investment property? Is it a first mortgage, or second, or third mortgage? What is the value of the property? What is the pay-off on the balloon, and what is the pay-off on all obligations that must be paid superior to the balloon? How much income do you earn? Are you married? How much income does your spouse earn? .... And on, and on, and on. It might be that you cannot get rid of the mortgage. It might be that...

    9 lawyers agreed with this answer

  4. What is a MEMORANDUM OF DISPOSITION EVICTIONS?

    Answered 10 months ago.

    1. Rex Edward Russo
    2. Stephen Ross Cohen
    3. Douglas Maurice Carasso
    3 lawyer answers

    It's just a memorandum to the file. It's not an order or anything binding. Hopefully, it simply states in the memorandum that the parties did not reach and agreement and that the court should schedule a trial. It would be best if you called the court clerk who could actually read the content of the memorandum.

    Selected as best answer

  5. 2 people on condo title, only one files for bankruptcy, me. D do I need to use my Homestead exemption to protect my equity, or ?

    Answered over 2 years ago.

    1. Rex Edward Russo
    2. Gregory Howard Wiley
    3. Jeffrey David Solomon
    4. Andre Keith Sanders
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    This comes up a lot. Technically speaking, the trustee could sell your half interest in the home if you do not claim it as exempt. However, not many would be interested buyers, if any. The buyer would be a partner of sorts with your son, and if your son said to them "sorry, this is my homestead and I'm not budging and if you step foot on this property I'll have you arrested for trespassing" he would be within his rights. Who wants that headache? The buyer would have little choice but to...

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  6. Business owner who allowed a stranger stay in their rented warehouse doesn't want to leave now.

    Answered 8 months ago.

    1. Rex Edward Russo
    2. Jaime Julian Garcia III
    2 lawyer answers

    Unfortunately, even someone without a lease who continues to occupy property, especially when you allowed them access, can not legally be prevented entry to the property without seeking help from the court. In fact, changing the locks on the door without a court order could result in an action against you. You need to have an attorney file an action for wrongful detainer in order to get the person out as quickly as possible. It's similar to an action for possession based on a breach of a...

    Selected as best answer

  7. I need a real estate lawyer. I am a Realtor representing a buyer. I have an executed contract dated 07/24/14.

    Answered 8 months ago.

    1. Jason Eric Handin
    2. Rex Edward Russo
    3. Jacqueline Alicia Salcines
    4. John P Corrigan
    5. George Anthony Munoz
    5 lawyer answers

    Many questions. Does seller want to go forward or not? Were the deposits timely or not? Is there a "time is of the essence" provision or not? Are there exceptions to the above or not? Only a complete review of the contract and the facts leading up to the present circumstances could lead counsel to any reasonable recommendation on how to proceed. Seek counsel. Best wishes.

    8 lawyers agreed with this answer

  8. How do we get information from an LLC?

    Answered over 2 years ago.

    1. Rex Edward Russo
    2. Alan James Brinkmeier
    3. Nishat Azam
    4. David Irving Shiner
    4 lawyer answers

    Wow! Sometimes you would think the asker is asking a simple question, like this one, but it is not at all. Why? Because there are to many variables and very many questions to ask first. Sometimes, you just need a lawyer. Now, I'll give you the lawyer's answer - IT DEPENDS. The registered agent may have no more connection with the company than to receive service of process, in which case it will have no documents and no authority for the LLC. You could try serving the request on the...

    8 lawyers agreed with this answer

  9. Need help in how to solve a legal debt issue.

    Answered 8 months ago.

    1. Rex Edward Russo
    2. Robert P Garven
    3. Shelley Ann Elder
    4. William Joseph Kopp Jr.
    5. Scott Benjamin Riddle
    6. ···
    6 lawyer answers

    I already answered your question under a different post. I'm sorry to hear just how bad things have been going for you. They will improve. Why are you waiting until September to file? It sounds like you already spoke to a bankruptcy attorney. If so, why isn't that attorney giving you counsel on this issue?

    Selected as best answer

  10. If I file for chapter 13, & find the deal with the bank to stay in the home doesn't work for me, can I go back to a chapter 7?

    Answered 12 months ago.

    1. Katheryn Elizabeth Hancock
    2. Rex Edward Russo
    3. Kevin Christopher Gleason
    4. William Joseph Kopp Jr.
    5. Arthur Wemegah
    6. ···
    8 lawyer answers

    Bankruptcy isn't for everyone. There are a lot of considerations before filing. It might be best not to file. However, if you do, and find that Chapter 13 has not led to the modification you hoped for, then it might be possible to go to Chapter 7. It might also be better to seek dismissal. Whether you will qualify for a 7, or find you are being directed to stay in Chapter 13, will depend on many factors including your gross income. You should seek a full review with an attorney before...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful