Archived
Is taking a premature loan from my own IRA to cover my living expenses, considered income in a Florida means test?
Jeffrey's answer
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Answered on October 12, 2018
You should consult an attorney to be sure you have not created a problem. You withdrew money from an IRA ( I doubt you were borrowing money like...
Archived
I have a house that is paid off
Can I file bankruptcy without having to sell my home?
Jeffrey's answer
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Answered on October 11, 2018
Generally your home is fully protected as homestead and you would not lose your home in bankruptcy. There are exceptions so you should still...
Archived
I have filed one motion of extension of time and it was granted I need more time to figure this out can I file another motion
Jeffrey's answer
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Answered on October 09, 2018
You should obtain a free consultation with a local attorney to discuss whether a bankruptcy is advisable to file. You are permitted to file your...
Archived
In Florida the Homestead is exempt in a Chp. 13. Are Homeowners insurance claim payment received also exempt, as in some States?
Jeffrey's answer
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Answered on October 08, 2018
The trustee should accept that a homeowner's insurance claim for damage to the homestead is exempt from creditors. Damage to personal property in...
Can I add myself as a creditor to someones bankruptcy case
Jeffrey's answer
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Answered on October 02, 2018
Yes, you can file a Proof of Claim. Be sure to file before the deadline. Also, if this is a consumer deposit, you might be able to file the claim...
Archived
Chapter 7 bankruptcy?
Jeffrey's answer
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Answered on October 01, 2018
You need to consult an attorney prior to taking any action. You need to discuss the option of a chapter 13 bankruptcy.
Archived
Can I add my sister to our deed & keep the property safe if her husband’s business goes into bankruptcy?
Jeffrey's answer
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Answered on October 01, 2018
Why would you add your sister? Your home is already protected by homestead. Adding your sister makes her interest and the home subject to her...
Archived
While in chapter 7 bankruptcy
?
Jeffrey's answer
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Answered on October 01, 2018
More facts would be needed to discuss with your attorney. If you filed a chapter 7 you should have debts that are now being eliminated. If you...
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Archived
How is a home's equity calculated?
Jeffrey's answer
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Answered on September 29, 2018
A trustee will look for a way to attempt to collect based on non-homestead ownership of real estate. Your partial interest is an asset of the...
Archived
1 yr Into 5 yr chapter 13 and taking a lower paying job due to body wear and tear.
Would trustee modify payment amount?
Jeffrey's answer
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Answered on September 26, 2018
You really need to consult your attorney, because the recommendation depends on your case and your trustee. You might have a minimum you have to...
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