In the State of Florida, are funds held in a pension fund exempt from creditors in a Chapter 7 bankruptcy?

Yes, under Florida statute 222.21(2), funds from IRS-qualified pensions that remain in the pension and have not been paid to you are exempt from...

Selected as the best answer

I was being sued for foreclosure by the servicer, but then another servicer took over and says my mortgage is owned by a trust.

This is very common in the current environment in which most mortgages are owned by securitized trusts. The servicer is merely the entity that the...

I just became aware of a issuance of garnishment for my bank account. I am head of household and make less than $750 per week.

In order to be deemed "head of family" in Florida under statute 222.11 you must provide more than half of the support for at least one dependent...

No Lis Pendens recorded yet...

In my experience this is not at all unusual. I have seen banks wait as long as two years to file foreclosures in Florida, although the most common...

What can credit card companies do if you stop paying your credit card bills

They can call you at home or at work and can call friends or family to inquire as to how they can reach you. They can sue you and if they obtain a...

I received a lawsuit from the bank asking to pay my mortgage debt after discharged from Chapter 7 bankrupcy 3 years ago.

If in fact they are seeking a money judgment against you for a debt included in your bankruptcy this is called a discharge violation and could...

Can I rent out the house after stripping thr second loan in a chapter 7. Or do I have to remain in the house?

Until recently second mortgages could not be stripped in Chapter 7 cases in our jurisdiction, but an appellate decision called McNeal v. GMAC in...

The foreclosure filed against me in August 2010 has been mostly inactive since January 2012.

So long as an Answer has been filed on your behalf, you will not be defaulted. It is not unusual for a foreclosure in Florida to remain inactive...

Foreclosure property purchased thru bidding, has a lien and don't know what to do

The good news is that you legally own the property and have the right to rent it out or live in it and use it as you please at this time. In...

Can your wages be garnished in the state of Florida for a unpaid credit card debt?

In general, yes, your wages can be garnished and so can your bank accounts if and when the creditor wins the lawsuit and obtains a judgment...