Mohammad Ahmed Faruqui’s Answers

Mohammad Ahmed Faruqui

Fort Lauderdale Aviation Lawyer.

Contributor Level 11
  1. I filed a chapter 7 and did not include my mortgage, filing it as exempt; I have already had my 341 meeting, can i ammend sched

    Answered almost 4 years ago.

    1. Jeffrey B. Lampert
    2. Mohammad Ahmed Faruqui
    3. Lewis Matthew Roberts
    4. Mark Markus
    4 lawyer answers

    You had better amend soon.

  2. Objection to Claim after Chapter 7 discharge

    Answered almost 4 years ago.

    1. Mohammad Ahmed Faruqui
    2. Dorothy G Bunce
    3. Theodore Lyons Araujo
    3 lawyer answers

    You do not have to worry about the claims. If there were any non-exempt assets that the trustee took from you to put into the bankruptcy estate, creditors would have to file a claim to collect against the bankruptcy estate. Sometimes, for a variety of reasons, the trustee may believe that a particular creditor is not entitled to a claim at all. You get copies of the objection to claim. Just keep them for your records.

  3. Do I need a lawyer for filing ch 13,

    Answered almost 4 years ago.

    1. Mohammad Ahmed Faruqui
    2. Adam Brooks Arnold
    3. John-Paul LaPre
    4. Theresa C. Homady
    5. Dorothy G Bunce
    5 lawyer answers

    I suppose you could defend a traffic ticket yourself, and even in traffic court some people find huge advantages of using an attorney who has a good working relationship with a traffic hearing officer. So why take the risk of doing it yourself in something as complicated as Chapter 13 bankruptcy?

  4. What is the difference (if any) between a Family Trust and a Living Trust? Are they the same?

    Answered almost 4 years ago.

    1. Dan W. Armstrong
    2. Mohammad Ahmed Faruqui
    3. Roy Wayne Litherland
    3 lawyer answers

    They're usually the same.

  5. When funding a living trust in FL, is it better to use quitclaim or warranty deed?

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    2. Joseph Franklin Pippen Jr.
    3. Mohammad Ahmed Faruqui
    4. Robert L. Brenna Jr.
    4 lawyer answers

    In any situation, you are better off performing a warranty deed rather than a quit-claim deed. Why take the risk that a title insurer later refuses to underwrite at a later sale? Normally this wouldn't happen, but because of the number of foreclosed properties in Florida that may have clouded title, the title insurers have acted strange recently.

  6. HOA Auction foreclosure sale. Only knew that it was sold after eviction notice 1 day to move.

    Answered almost 4 years ago.

    1. Mohammad Ahmed Faruqui
    2. Theodore Lyons Araujo
    2 lawyer answers

    You cannot negotiate by crossing the lines in a contract, signing it and dropping it in their night drop box. They'll never acknowledge that they received anything from you. You dropped off some checks but never got the receipt. Your bank statement only says that a check number so and so was debited for such and such amount. It probably doesn't say who it was paid to, unless you have a check image on your statement that is actually legible. Bad move. Try to see if you can get the...

  7. Bankruptcy

    Answered almost 5 years ago.

    1. Mohammad Ahmed Faruqui
    1 lawyer answer

    Generally yes. One spouse can file personal as well as business bankruptcy without involving the other spouse. The reason most couples are recommended to file a joint bankruptcy is because both of them might be in debt, or the other spouse might have co-signed many of the debts. It's cheaper to file one joint bankruptcy than two separate individual ones. Otherwise, it is not a problem.

  8. I only have 3 months left on my car payments. will that hurt my chances of filing chap 7 bk?

    Answered almost 5 years ago.

    1. Mohammad Ahmed Faruqui
    2. Andrew Daniel Myers
    2 lawyer answers

    In South Florida, I have not heard of any objections against using the potential trade-in value instead of the fair market value. Your car will be considered equity, and you will have to use exemptions to protect it. The amount of exemptions that you can use on that car depend on whether you are single or married, and whether you are claiming exemptions on other personal properties, and whether you are declaring homestead. Otherwise, generally these things do not hurt your chances at...

  9. Can filing a chapter 13 help keep our home that is currently in foreclosure, waiting for a sale date bank will sell?

    Answered almost 5 years ago.

    1. Mohammad Ahmed Faruqui
    2. John Leo Greifendorff
    2 lawyer answers

    I agree, not enough information. A chapter 13 will only help if you can afford to make the plan payments. The size of the payment depends on how far behind you are in your mortgage. You will make payments on the mortgage, plus "catch-up" payments for the months you are behind. If you are 12 months behind, then multiply that by your monthly mortgage payment, and then divide it by 36 months or 60 months. A chapter 13 payment plan will be either 3 years long or 5 years long. If you don't...

  10. Florida Judicial Lien Question

    Answered almost 5 years ago.

    1. Stephen Andrew Mosca
    2. Mohammad Ahmed Faruqui
    2 lawyer answers

    I think the best solution for your situation is to surrender the house in Chapter 7 bankruptcy, unless there are other factors that you haven't mentioned. 1) A deed in lieu generally does not happen if you surrender the house in BK. Deed-in-Lieu of foreclosure is rarely granted, and even then you still have to get the bank to waive their right to deficiency. 2) If you surrender the house in bankruptcy, all of your obligations for that house get discharged. Afterwards, the bank is...