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Sherri Lynn Johnson
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Sherri Johnson’s Answers

46 total


  • How do I file bankruptcy the cheapest way?

    I need help and fast.

    Sherri’s Answer

    You are not required to use an attorney to file bankruptcy, but you should at least consult with one at the outset. Most offer free initial consultations and you may be surprised at the reasonableness of their fees. If you decide to file without an attorney, most of the forms you need are available on the court's website. I would definitely not recommend using a non-attorney bankruptcy preparer, as there is no need to pay for the forms since they are available for free on the court's website.

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  • I have a question regarding medical bills and my homestead residence.

    I own my home outright with no mortgage as a single person. I have medicare which basically covers 80 percent. I pay for the remaining 20 percent which is draining my savings. In the event, I can no longer afford to pay the 20 percent, can the...

    Sherri’s Answer

    Your medical creditors could decide to sue you for the amount that you owe them, but then they would need to find a way to collect on the judgment. If they recorded a lien on your homestead property, you could have it removed. Your children are not responsible for paying your medical bills if you die, nor would they have to sell your house to pay the medical bills.

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  • Following Chapter 7 Bankruptcy where the home has been surrendered what is Florida Law in regards to foreclosure?

    It is my understanding the lender must still go through with the foreclosure, must still prove standing, must still accelerate, and must still comply with paragraph 22 by sending a default letter....following generally the same protocol regardless...

    Sherri’s Answer

    While they must still go through the state court foreclosure process, if you surrendered the home in the bankruptcy filing, then the lender can argue that you waived your right to defend against the foreclosure case.

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  • How do i remove a Federal Tax Lien completely from Public Records?

    I obtained a Withdrawal of Filed notice of federal tax lien, but i can still see the original Federal Tax Lien on the public records when i search my name on Miami Dade County Official Records. They also put the releases and withdrawals in the sam...

    Sherri’s Answer

    Once a document, such as a lien, is recorded in the public records, it will remain in the public records. However, for purposes of selling or transferring the property, once a withdrawal or satisfaction of the lien has been recorded, the lien is of no further effect.

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  • I RECEIVED $580 BACK FROM INCOME TAX. IS THIS CONSIDERED DISPOSABLE INCOME AND DO I HAVE TO HAND IT OVER TO MY TRUSTEE

    CHAPTER 13

    Sherri’s Answer

    Generally, if your Plan provides for payment of less than 100% of your unsecured debt, the confirmation order will require you to pay your income tax refunds over to the Trustee. However, if you have a specific reason why you need the income tax refund, you can file a motion with the court asking for permission to keep it.

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  • Can same attorney handle bankruptcy and divorce? I have just started receiving SSDI and my husband (17 yrs) asked for divorce.

    I have approx $10k+/- in medical bills and credit card debt. I am 53 and husband is 56. I have completely used my IRA as I haven't work in 4 years ( and husband refused to make my car payment or pay my medical bills not covered by insurance). He n...

    Sherri’s Answer

    Family Law and Bankruptcy Law are two very different areas of law. Some attorneys practice in both areas, so you may find an attorney who can handle both matters for you. But you should not hesitate to retain separate attorneys for your divorce and your bankruptcy filing if you cannot find someone who is competent in both areas.

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  • How do I properly file a Head of Family Claim of Exemption ?

    I was served with a Motion For Continuing Writ Of Garnishment Against Salary & Wages. Although the Claim of Exemption form seems pretty straightforward ... I would like assistance completing it ... and filing it "properly".

    Sherri’s Answer

    As I recall you just need to check the appropriate exemption box, provide your address for notices to be sent, and sign it before a Notary. You would then file the original with the Clerk of Court, and send a copy to the opposing counsel.

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  • I have about $10k in unsecured debt-credit cards & medical. My income is SSDI-first check 1/22/15. What are my options?

    3 creditors are calling and have sent letters. I have not answered phone calls or responded to letters. ( I suffer from anxiety, among other emotional & physical issues). Today, I was served a summons from 1 NEW creditor who took over previous cre...

    Sherri’s Answer

    From what you have disclosed, it sounds like bankruptcy may be an option for you. They key is going to be making sure that you do not have any non-exempt assets that could be lost in a bankruptcy. Most of us local bankruptcy attorneys offer free consultations, and I would recommend that you consult with an attorney to ensure that bankruptcy is your best option. I generally don't recommend debt consolidation companies as too many of them are scams.

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  • Homestead exemption on rental property

    My home has a homestead exemption because I am a veteran total and permanent disability. I'm planning to go expat and live abroad and planning to rent my house. My question is, do I'm going to lose the homestead exemption?

    Sherri’s Answer

    Yes, in order to be entitled to a homestead exemption, the property must be your permanent residence as of January 1st of the tax year in question. So, if you move this year, you would not be entitled to the homestead exemption in 2015 and future years.

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  • Will my case be dismissed if I do not send entire tax refund to trustee?

    I forgot, until I received a reminder notice in the mail, to send my tax refund to the trustee of My Chapter 13 case. I do have some of it but inadvertently spent some. I spent it on car repairs so I can't get a refund. Should I just send what I h...

    Sherri’s Answer

    If the terms of your Chapter 13 Plan require you to pay your tax refunds over to the Trustee, then yes, your case could be dismissed for failure to comply with the Plan. However, if you need to keep the refund, or a portion of it, due to extenuating circumstances, your attorney can always petition the court to allow you to keep all or a part of your refund.

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