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Eugene Laneve’s Answers

5 total

  • If my vehicle is paid for and more than ten years old, would I need to surrender the vehicle in a Chapter 7 bankruptcy?

    The vehicle loan was paid in full several years ago. The current value of the vehicle is less than $2000 according to NADA.

    Eugene’s Answer

    In the State of Florida, you are entitled to $1,000 exemption toward the vehicle. If your assessed value of the vehicle is correct, that leaves $1,000 to the Trustee for which he or she would typically not pursue, especially if you demonstrate a need for the vehicle and inability to immediately purchase another. You may also be able to use other exemptions toward that remaining $1,000 equity in the vehicle.

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  • Does it happen immediate or through the court?

    If I file for a dismissal of an injunction that is already in place against me can this be granted immediately if I have an extremely good reason or does it have to go through the court for a hearing to be granted.

    Eugene’s Answer

    To remove an injunction means to remove a court order that put it in place in the first place. A hearing was conducted by the court that, based on testimony given, granted a petition for the injunction. To attempt to remove it, you need to file a motion and set a hearing; the court will require an evidentiary hearing to make a determination. I do not know, however, whether your injunction is one of a temporary nature, though they typically are until a later hearing will determine whether the injunction expires, gets renewed or becomes permanent.

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  • Does Chapter 7 bankruptcy wipe out a deficiency judgment on commercial property?

    I signed a personal guaranty for commercial land owned by a LLC. The bank holding the note went under & a company purchased the note as part of a large package. They're now pursuing foreclosure on the property. The LLC and bank were located in C...

    Eugene’s Answer

    I concur with the prior answers. Just remember that if you don't list the debt as well as the creditor, then you risk not getting the debt (or judgment if a judgment was entered on the debt), discharged.

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  • Does a notice of summary final judgment naming me as defendant mean I am being proceeded against personally.

    I included my condo in a bankruptcy ch 7 about 2 yrs ago. The bank is finally proceeding with foreclosure but I received a notice of summary final judgment today. Should it be naming me as defendant since the property was given up and discharged...

    Eugene’s Answer

    You are a necessary defendant on a foreclosure action if you are on the deed, and therefore on the mortgage as well. I agree with the prior answers that, though it is more likely that they are proceeding against the property alone, and not against you for any deficiency, the pleading's allegations will state what, if anything, they seek against you personally. Typically, the lender will seek a lift on the stay from the bankruptcy court to proceed to foreclose on the property DURING the bankruptcy proceeding, and this is usually granted by the bankruptcy court. In such a case, if you listed the debt in your bankruptcy estate, then the property gets foreclosed against and, though you are a necessary party as owner in the foreclosure action, there would typically be no judgment against you personally for any deficiency.

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  • I filed chapter 7 bankruptcy and need to amend a schedule(E) where do I put the word "Amended" on the form

    this was filed in Jacksonville florida

    Eugene’s Answer

    I like all the answers given above. However, just remember that if you are filing electronically, then you must select "amended" in order to properly identify the document as an amended document. I would guess that you are filing in person, however, in which case the prior answers suffice. Good luck.

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