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Jeffrey David Solomon

Jeffrey Solomon’s Answers

476 total


  • Can a debtor loose homestead property in a chapter 7 bankruptcy ?

    My homestead property was bought with non-exempt funds.

    Jeffrey’s Answer

    Under Florida law homestead is protected, but the bankruptcy law provides a basis for a chapter 7 trustee to go after a Florida homestead if it was acquired from non-exempt assets. You need to consult an attorney about all of the facts and circumstances of your case.

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  • Can I file for bankruptcy to try and get my life back?

    I made a lot of mistakes going thru college and never recovered from them. On top of getting hit by a drunk driver and severely injured. The hospital thought there would be a lawsuit but there was nothing. I now as a result of my injuries have a l...

    Jeffrey’s Answer

    I am sorry about the difficult circumstances you have described. Based on what you have indicated, it would certainly appear that a chapter 7 bankruptcy would make sense, though you should consult an attorney. The chapter 7 would discharge your debts though not the student loans in all likelihood. Chapter 7 is designed to permit a fresh start.

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  • Can I settle without going to pretrial conference.

    Received a summons to court for an old debt (2014).

    Jeffrey’s Answer

    • Selected as best answer

    You can settle prior to a pretrial conference. You can contact the attorney for the creditor and try to make an arrangement. If an arrangement cannot be made you will need to attend the Pretrial Conference.or a default and judgment will be entered against you. Be sure any agreement is in writing. Note that a 2014 would not be considered old or beyond a statute of limitations.

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  • What do I do as I am unable to pay this outstanding debt as I am not working

    I am a 23 year old female. I was hit by a car back in 2013 and was unable to pay the medical bills totalling 19,000. they are sending me letters for me to pay. I am unable to pay. I have no job at this time. It is difficult for me to find w...

    Jeffrey’s Answer

    You should be able to obtain a free consultation from a local bankruptcy attorney. I am assuming that you have not been able to obtain a personal injury injury to try to collect as a result of your car accident. A chapter 7 bankruptcy can eliminate your medical bills..

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  • Will it affect my bankruptsy

    I am currently in chapter 13 bankruptcy and I would like to file for social security will this make a difference to the chapter 13

    Jeffrey’s Answer

    This might be an issue of local practice, but there is clear higher court authority throughout the country that Social Security income is NOT required to be used to make your payments in chapter 13. Not only does social security not count in the formula means test, it also cannot be held against you as available income in a chapter 13. I have taken this position successfully in Broward County, Florida.

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  • What are my options of getting read of the credit cards and auto loan?? please help

    I have an auto loan in the total of 42,000.00 and around 9,000.00 in credit card debit to various creditors. I live in Florida and wanted to know what my options would be on filling for bankruptcy the car is around 400.00 a month and credit cards ...

    Jeffrey’s Answer

    A chapter 7 might be advisable for you. You can surrender the vehicle and discharge the balance that you would owe the car finance company. You should consult an attorney regarding your personal circumstances.

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  • Can I use my Florida exemption?

    I lived in Florida from June 2013 until August 2014, then in California from August 2014 to August 2015 when I moved to Tennessee for 4 months, and then I moved back to Florida in December 2015. I want to file bankruptcy but I don't know which Sta...

    Jeffrey’s Answer

    You can file bankruptcy in Florida after you resided here for 91 days. Since you have not resided here for 2 years, we have to consider where you resided the 180 days prior to the two years before you file bankruptcy. It may well be that you can use Florida exemptions. But there are many issues that would be fact specific to your case. How long have you owned your home? You abandoned the property as homestead then moved back? These and other issues should be discussed with a local attorney.

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  • Who or how should this Final Judgement have been taken off our record? What do I need to do to have it removed?

    We filed Bankruptcy Chapter 7. The case was discharged and closed on 31 October, 2014. Our VA Refi is held up because one of the debtors discharged still shows up as a final Judgement on our county court records.

    Jeffrey’s Answer

    There are actions you can take to resolve this matter. In Florida a recorded certified Final Judgment creates a lien on real property. Since you are refinancing, I assume you owned your home when you filed bankruptcy. A motion to avoid lien during the bankruptcy allows you to obtain an order that says the judgment lien does not attach to your homestead. Your case is closed, so you should be able to file a motion with the bankruptcy court to reopen your case to obtain this order. Finally, a real estate attorney could help you with a procedure involving providing a notice of refinancing on the homestead to the creditor which is filed in the public records.

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  • How do i get rid of the car?

    I have a lien on a car and would like to give it back to the financial company. I have little finances aftet divorce and my ex leaving the country for brazil in order to avoid paying permanent alimony. He is an american.

    Jeffrey’s Answer

    I agree that you can contact the finance company to arrange for them to take pack the car. They will sell at auction and you would be responsible for the deficiency, the difference between what you owe and what they sell it for at auction.

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  • Will my girlfriend be considered tenant, guest, roommate, resident, occupant, cohabitant, ect and does it affect homestead?

    I am trying to avoid losing my homestead exemption which has various rules around rentals and leases, e,g. they are not allowed.. I bought a condo (Title is in my name only) and my girlfriend plans on moving in soon. She plans to make my hom...

    Jeffrey’s Answer

    You will not have a problem continuing to have your homestead protection.

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