Rex Edward Russo’s Answers

Rex Edward Russo

Miami Bankruptcy Attorney.

Contributor Level 13
  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 1 year 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 5 months 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 8 months 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 about 2 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 almost 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...

    Selected as best answer

  6. How do we get information from an LLC?

    Answered almost 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

  7. 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 3 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

  8. Can someone who filed a chap 7 previously file a Chap 13 afterward ? How long he has to wait in between filings?

    Answered 6 months ago.

    1. Shaye Larkin
    2. Timothy J Sierra
    3. Rex Edward Russo
    4. Blake Owen Brewer
    5. Jeffrey David Solomon
    6. ···
    8 lawyer answers

    As others have stated, it depends on how much time has passed since the Chapter 7 discharge if you hope to discharge the debt due the association and part of what is due the bank. Yet, you can file Chapter 13 regardless if the intent is to save the home. You may not be able to discharge debt with the Chapter 13 plan, but you can still lien strip and possibly save the home. Don't delay. See bankruptcy counsel immediately.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Does filing for bankruptcy eliminates my responsibility in paying back a credit card judgment against me?

    Answered over 1 year ago.

    1. Rex Edward Russo
    2. Yoel Molina
    3. Richard Allan Heller
    4. Diane L Gruber
    4 lawyer answers

    It sounds to me like your best choice would be to file for Chapter 7 bankruptcy protection. Yes, you can refile since it was over 10 years ago since you last filed. Assets alone do not determine whether a Chapter 7 is right or even available. Depending on your household income and budget, you might be required to file a Chapter 13 and make monthly payments. If you have a choice, it would likely be a 7.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My Landlord did not return my deposit. it has been more than 30 days and they are ignoring all my calls.

    Answered over 1 year ago.

    1. Rex Edward Russo
    2. John Andrew Morey
    3. Edward J. Fucillo
    4. Brantley Daw Oakey
    4 lawyer answers

    It's a simple process. Go on-line and download the forms for a small claims action. Follow the instructions. File it. Serve it. Go to the pretrial. If not settled, then go to trial. You'll find everything you need here: http://www.miami-dadeclerk.com/property_small_claims.asp

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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