Sherri Lynn Johnson’s Answers

Sherri Lynn Johnson

Sarasota Tax Lawyer.

Contributor Level 8
  1. How soon can I file for bankruptcy?

    Answered about 1 year ago.

    1. Sherri Lynn Johnson
    2. Dorota J. Trzeciecka
    3. T. Eileen Dolaghan
    4. Kevin Christopher Gleason
    5. William Joseph Kopp Jr.
    5 lawyer answers

    If you are behind on your car payments, then a chapter 13 bankruptcy may help you to keep the car, depending on your income and expenses, among other factors. The filing fee is $281. This, of course, does not include attorney's fees and, for a Chapter 13, you will undoubtedly want to consult with an attorney. Most attorneys can file a bankruptcy petition very quickly (within a day or so) if needed.

    9 lawyers agreed with this answer

  2. Should I file bankruptcy before or after foreclosure sale date?

    Answered about 1 year ago.

    1. Sherri Lynn Johnson
    2. Kevin Christopher Gleason
    3. Nikhilkumar Manharlal Patel
    4. Andrew Michael Bonderud
    5. William Joseph Kopp Jr.
    5 lawyer answers

    Whether you file before or after the foreclosure sale, you will be discharged from any liability on the mortgage loan. However, if you wait until after a deficiency judgment is entered, the bankruptcy could end up costing you a bit more, as you may need to pay extra to have your attorney remove the judgment lien from any other real properties you own. Thus, it is usually preferable to file sooner, rather than later. However, every person's situation is different. In particular, if your...

    7 lawyers agreed with this answer

  3. Husband needs to file for personal bankrupcy

    Answered 4 months ago.

    1. Sherri Lynn Johnson
    2. Blake Owen Brewer
    3. Marian Audrey Lindquist
    4. William Joseph Kopp Jr.
    5. James Wade Schwitalla
    5 lawyer answers

    One spouse can always file bankruptcy without the other spouse. As long as they do not have any joint debt, their joint assets should not be affected. If the husband is concerned about satisfying the means test, then the time that they are separated is not as important as whether he can establish that they truly are separated.

    6 lawyers agreed with this answer

  4. Is a adult child entitled to any exemt items from the parents estate if the will states that they are disinherited

    Answered about 1 year ago.

    1. Marian Audrey Lindquist
    2. Sherri Lynn Johnson
    3. Celia R Reed
    4. James P. Frederick
    4 lawyer answers

    No. While the law contains some protections for spouses and minor children, nothing prevents a parent from completely disinheriting their adult children.

    6 lawyers agreed with this answer

  5. My mother passed away here in Florida and didn't leave a will. I'm the only immediate family member left.

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Francine Rae Martin
    3. Sherri Lynn Johnson
    4. Astrid de Parry
    4 lawyer answers

    Depending on when your mother passed away and how much her stocks and other assets were worth, you may qualify for Summary Administration, which is generally quicker and less expensive than a Formal Probate. If the estate does not qualify for a summary administration, then you would need to open a Formal Probate proceeding. Either way, you will need to go through the local probate court, and you should probably consult a probate attorney for assistance.

    6 lawyers agreed with this answer

  6. In the state of Florida, if a person passes away with no will, must the estate be distributed equally?

    Answered about 2 years ago.

    1. Sherri Lynn Johnson
    2. Michael D. Fowler
    3. Jeff Tomberg
    4. Matthew R. Rheingans
    5. Daniel Todd Fleischer
    6. ···
    6 lawyer answers

    Unfortunately, if your father were to pass away without a Will, the Florida intestacy statutes would require his estate to be distributed equally between his children. This, of course, would not apply to any property that is excluded from the estate (such as insurance policies or retirement accounts for which he has designated a beneficiary, or certain jointly owned property). However, depending on whether he has sufficient mental capacity, if he does not desire that outcome, he could have a...

    6 lawyers agreed with this answer

  7. Credit card debt. Bankruptcy or not?

    Answered 4 months ago.

    1. Shaye Larkin
    2. Sherri Lynn Johnson
    3. Lynda Wesley
    4. Matthew Brian Podolsky
    5. Sherry Lee Ellis
    6. ···
    7 lawyer answers

    It sounds like you may be a candidate for bankruptcy, but I would recommend that you sit down with an attorney to review your situation in more depth. You will need to determine which kind of bankruptcy you would qualify for, and also how it compares to other options.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I just received a Supoena Decus Tecum In Aid of Execution

    Answered 3 months ago.

    1. Brian David Zinn
    2. Lewis Matthew Roberts
    3. Clifford M. Miller
    4. Sherri Lynn Johnson
    5. David Lloyd Merrill
    6. ···
    8 lawyer answers

    Yes, the filing of the bankruptcy will stay any collection efforts in your case, including the subpoena.

    4 lawyers agreed with this answer

  9. With Florida law, how is an estate's Personal Representative compensated?

    Answered about 2 years ago.

    1. David Michael Goldman
    2. Astrid de Parry
    3. Sherri Lynn Johnson
    3 lawyer answers

    The answer to this question would depend in part on whether you actually opened a formal probate estate and were appointed Personal Representative by the court. From your question, it sounds like you may have been named as PR in the Will, but it is unclear whether you actually opened a formal probate proceeding in Florida so as to be officially appointed by the court (as opposed to a summary administration or just a petition to determine the homestead status of the real property). You may...

    4 lawyers agreed with this answer

  10. What is the difference between chapter 7 and chapter 13 bankruptcy?

    Answered over 1 year ago.

    1. Alison Nicole Emery
    2. Eugene P. Castagliuolo
    3. John P. Brooke
    4. Sherri Lynn Johnson
    5. Diem-Chi Nguyen
    5 lawyer answers

    To determine whether you would qualify for a Chapter 7 bankruptcy, we would need to review your income to determine whether you meet the means test. We would also want to review the value of your vehicles and any other assets to ensure that you would not lose any assets in the Chapter 7 proceeding. If your income is too high for a Chapter 7, you would need to file Chapter 13 , which involves entering into a payment plan with the court. Note that you do not need to pay off all of your debts...

    3 lawyers agreed with this answer

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