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Jeffrey David Solomon

Jeffrey Solomon’s Answers

476 total


  • I need advice about a payday loan/ cash advance I got in 2012 and did't pay back.

    It was not my intention at the time I got the loan not to pay it back I just didn't . We moved and I just forgot it . Now someone called me and says that he is serving me and I need to contact this law firm with case number and they can stop the s...

    Jeffrey’s Answer

    I would not believe anything the collector says on the phone. They should contact you in writing, If there is a real law firm you can check if they provide the contact information, but it might not be a real law firm. You have rights against a collector to verify the debt and confirm who owns the account.

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  • How soon can I file for chapter 7 and receive a discharge after a previous chapter 7.

    I filed for chapter 7 sometime on October 1, 2008 and received the discharge paper on April 5, 2009. I need to file for chapter 7 again but the attorneys in my area have given me different answers as to whether I can file again in October this yea...

    Jeffrey’s Answer

    A second chapter 7 can be filed 8 years after the filing date of the prior chapter 7 in which you received a discharge. This means you could file after October 8, 2016.

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  • Will a bankruptcy relieve my client from debt against civil judgment and keep his "reinstated "license?

    DMV case: my florida client lost 10k for lapsed insurance(driving without insurance) then he hit bumpers( a scratch was made on bumper; lady claims damages from old injury at traffic light, he had verbal agreement to pay for car damages at site o...

    Jeffrey’s Answer

    Yes, I have filed numerous bankruptcies for the sole purposes of obtaining a reinstated drivers license that was suspended for lack of insurance.

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  • Should I reaffirm my mortgage now that property values are up and I have equity in my homestead residence in South Florida?

    I've been reading quite a bit about the advantages and disadvantages of reaffirming a mortgage loan in bankruptcy, but it seems that much of the information is out of date and based on the fact that many people were "under water" and owed more on ...

    Jeffrey’s Answer

    I agree with Mr. Gleason. There are pros and cons about reaffirming mortgages. You should have a clear understanding of these pros and cons. It is hard to predict your situation years from now, as to your personal finances or the value of the property. Signing a reaffirmation agreement is a judgment call that is ultimately your decision.

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  • How can I discharge my credit card debt?

    My wife & I are choking on $25,000 in credit card debts & scrambling to pay minimum payments. We have great credit scores but need to end this debt nightmare. Are we suited for a bankruptcy?

    Jeffrey’s Answer

    Based on your amount of debt a chapter 7 bankruptcy might be advisable. You should consult an attorney to review your situation including your debt, income and assets. You are entitled to retain exempt assets in a chapter 7 but a chapter 7 trustee would have a claim against non-exempt assets. The option of chapter 7 or a chapter 13 payment plan should be discussed.

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  • Can i qualify for chapter 7 in florida

    I am 65. My sole income is 1200 per month social security. I have lived in fl for six months. 1. My fiance and i are buying a condo in florida this month. Can i protect my half interest in the condo? 2. Before florida i lived in new work fo...

    Jeffrey’s Answer

    Will there be any down payment on the house? Are you making a down payment? If not, why are you now being placed on the title? There are many issues to discuss, and you should contact local attorney to discuss your situation. You can discharge auto accidents. Student loans are difficult to discharge and the bankruptcy proceeding would be complicated to discharge student loans.

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  • How can I get items off my credit report? I have tried myself but they are still on there.

    I have some old credit card debt and old loans that I was unable to pay during my divorce. It has been between 5 to 10 years and it is still effecting my credit.

    Jeffrey’s Answer

    You have a right to send a dispute letter to correct errors on the credit reports. Negative items can remain on the credit report for 7 years, so items that are older than 7 years can be disputed.

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  • I need to file an Amended Petition in my Bankruptcy Ch. 7. Would this prevent a creditor from filing a Motion to Lift Stay?

    I know they are about to file the Motion, and I do need to file the Amendment, but I am just wondering if by any chance it would prevent them temporarily from filing their Motion to Lift Automatic Stay?

    Jeffrey’s Answer

    Filing an amendment to the petition or to the bankruptcy schedules would not have any affect on the ability of a creditor to file a motion for relief from the automatic stay.

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  • In a CH. 7 Bankruptcy, can I claim a homestead exemption even though there isn't any equity in my house?

    What if I also don't reaffirm the mortgage either, can I still file for the homestead exemption? I read the Trustees will sometimes do a "carve out" and short sale a house even if there isn't any equity, by getting the 2nd. mortgage to settle for...

    Jeffrey’s Answer

    The chapter 7 trustee cannot try to sell your home even with a carve out if you use the homestead exemption; the trustee can sell and try a carve out if you do not claim homestead. If the home value is worth less than the balance of the first mortgage, you can strip off the second mortgage in a chapter 13 bankruptcy. You can try to use the mortgage mediation program adopted in the southern district of Florida in either a chapter 7 or 13. Many mediations successfully result in a modification.

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  • Should I still take the Homestead Exemption in Bankruptcy Ch. 7 just to be safe?

    My home is underwater with two mortgages. But I hope to either get a Modification or Settlements. Since I don't know what is going to happen yet, should I go ahead and take the Homestead Exemption just in case? Is there any other reason I would...

    Jeffrey’s Answer

    If you do not take the homestead exemption, the bankruptcy trustee can try to sell your home and find an investor on a short sale. However, if you do not want to save the home, and if you do not take your homestead exemption, you can protect an additional $ 4,000 in personal property ($ 8,000 husband and wife). This exemption in Florida can protect an asset such as a car from the chapter 7 trustee. You should consult an attorney about your options.

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