Jeffrey B. Lampert’s Answers

Jeffrey B. Lampert

West Palm Beach Bankruptcy Attorney.

Contributor Level 19
  1. I just found out I am being sued and I discovered I am underinsured. How do I defend myself? Should I go bankrupt?

    Answered about 2 years ago.

    1. Jeffrey B. Lampert
    2. Alan James Brinkmeier
    3. Bret A. Schnitzer
    4. David J. McCormick
    5. Edward C. Airhart
    6. ···
    6 lawyer answers

    You need not go into panic mode now. First, your insurance company will hire an attorney to represent you. Second, the other driver would have to win their case, and from what you describe they will have an uphill fight given they ran the light and hit your vehicle in the rear. The traffic ticket means nothing, and any crash report prepared by the investigating officer can NOT be admitted into evidence. And, it is entirely possible your insurance company will be able to get the case...

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

    Answered almost 2 years ago.

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

    I will supplement Attorney Merrill's excellent and comprehensive response only by making reference to a case that is under review which would allow the "strip off" of a second mortgage in a Chapter 7. If you do not have a 2nd on the investment property, then the McNeal case has no impact whatsoever. If you do, or you have a 2nd on your homestead residence, then that case may have influence on whether you file under a Chapter 7 or 13. The explanation of the application of the case would take...

    15 lawyers agreed with this answer

  3. Father died 15 years ago his land has been empty with no will how do i transfer deed into my name with me his only living son.

    Answered 17 days ago.

    1. Jeffrey B. Lampert
    2. Marshall C Deason Jr.
    3. Lawrence Joseph Marraffino
    4. David Michael Goldman
    5. Kristen Pollard Marks
    6. ···
    8 lawyer answers

    There is no way to have title in your name other than by having a Court order. I do not handle probate but when my mom passed I was also the only child so I know. There is something called Summary Administration, found in Chapter 735 attached. But, here is the thing. You want to be sure that when you take title that every "I" has been dotted and every "t" crossed so you can get title insurance for when you sell the property. So, for this, have an attorney to take care of it. One mistake and...

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  4. Ould this dissolve my marriage/be just reason for divorce?

    Answered 8 months ago.

    1. Jeffrey B. Lampert
    2. Elliot Jay Goldstein
    3. Christopher Daniel Leroi
    4. Judd Roy Bean II
    5. John Arthur Smitten
    6. ···
    6 lawyer answers

    Florida is a "no fault" state when it comes to grounds to justify a divorce. If you feel that the marriage is irretrievably broken, that will be sufficient.

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  5. I need to file the 30 day notice of an appeal this week in Daytona in a FORECLOSURE CASE. Do I physically have to travel there

    Answered 12 months ago.

    1. Julia Jenifer McKee
    2. Diane Gwyneth Cassaro
    3. Jeffrey B. Lampert
    4. Cheryl Rivera Smith
    4 lawyer answers

    My colleagues are correct: an appeal is very, very complex and to make sure your appeal is not lost on simply technical reasons you should have an attorney. It would be a shame for you to have good grounds for the appeal but not have it decided on the merits but instead lost on some procedural basis. Having said that, let me answer some of your questions. The appeal is commenced when a Notice of Appeal is filed with the Clerk of the Court in which the law suit was conducted. The Clerk of...

    12 lawyers agreed with this answer

  6. I want to file for bankruptcy ... and keep my house ... is it possible ?

    Answered over 1 year ago.

    1. Jeffrey B. Lampert
    2. Orfelia Maria Mayor
    3. Jacob Bair
    4. William Joseph Kopp Jr.
    5. Diane L Gruber
    6. ···
    8 lawyer answers

    You can file for bankruptcy, claim the house as exempt as your homestead, and keep the home.

    12 lawyers agreed with this answer

  7. Was I wrongly convicted?

    Answered almost 2 years ago.

    1. Jeffrey B. Lampert
    2. Alan James Brinkmeier
    3. Bryan Andrew Lober
    4. Joseph Julius Registrato
    4 lawyer answers

    I do not know if you will feel better from this analysis, but the fact that the friend was not convicted of the crime does not alter the fact that at the time you transported the friend he was "wanted" by the law. And, it does not mean that a crime had not been committed. So, plenty happened. And you did what you did. But, that does not answer your question. There are provisions in Florida law for compensation for those wrongfully committed. Typically, those who benefit from the law...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Re Florida law. I was sole beneficiary of 3 life insurance. After 6 years, we lived apart for 30 days. Can anyone challenge?

    Answered 10 months ago.

    1. Jeffrey B. Lampert
    2. Jeffrey Alan Adelman
    3. William Thomas Schemmel
    4. Jeffrey Bruce Gold
    5. Christian K. Lassen II
    5 lawyer answers

    I do not see a basis for a challenge. See, an insurance policy is a contract between your boyfriend and the insurance company. The policies are not part of the estate. The benefits are not part of the estate since there is a designated beneficiary--you. Your continued residence is not a requirement. If he wanted to change the beneficiary on his policies he could have at any point in time, whether or not you were living together.

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  9. Regarding being sue and lawyer fees and all.

    Answered about 1 year ago.

    1. Jeffrey B. Lampert
    2. Daniel Nelson Deasy
    3. Michael David Myers
    4. Christian K. Lassen II
    5. David A. Papa
    5 lawyer answers

    Excuse me for being facetious, but: congratulations! You have moved to one of the biggest debtor havens in the nation. I realize you are not proud to be in this situation, but you should know that Florida, California and Texas are known to have the most protections for a debtor. Example: wages of a head of family can not be garnished. Example: if you own a home and it is your primary residence, it can not be taken from you Example: IRA's, 401k's pensions can not be touched But, you say...

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  10. I am getting a divorce and I have a hearing scheduled for next month to determine a court date or to arrange for mediation.

    Answered about 1 year ago.

    1. Jeffrey B. Lampert
    2. Carin Manders Constantine
    3. Dean George Tsourakis
    4. William Charles Rosenfelt
    5. Michael Alan Bernstein
    6. ···
    6 lawyer answers

    Is this a case management conference? A calendar call? A status check? What? Sorry, can't provide guidelines without knowing who set up the hearing and why.

    11 lawyers agreed with this answer

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