Archived
When my brother has retained an Atty and filed for chapter 7 bankruptcy, and his atty has requested inheritance docs from me..
Jeffrey's answer
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Answered on September 02, 2015
When a debtor files bankruptcy, as of that date, the bankruptcy trustee has a right to collect any inheritance that is presently due to the debtor....
Archived
Can a Florida Bankruptcy Trustee void a homestead exemption if there was a business or tenant on homestead property in the past?
Jeffrey's answer
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Answered on September 02, 2015
There are decisions by Florida bankruptcy judges that permit the sale of homestead property as a result of business use (based on a percentage of...
Archived
Summary judgment
Jeffrey's answer
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Answered on August 31, 2015
A bankruptcy filing creates an automatic stay which stops any state court action against you. The appropriate chapter to file should be discussed...
Archived
For a Chapter 7 Bankruptcy, is it possible to exclude certain creditors?
Jeffrey's answer
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Answered on August 30, 2015
You are obligated to list every creditor. You are filing bankruptcy signing under penalties of perjury. You are permitted to reaffirm debts...
Archived
Is there a debt to income ratio requirement that one must meet in order to file for Chapter 7 Bankruptcy?
Jeffrey's answer
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Answered on August 30, 2015
No, a debt to income ratio is not a factor on whether you can file a bankruptcy petition. The question is whether it makes sense on your facts and...
Archived
Can I file bankruptcy in a civil lawsuit that suspended my license and how can I get my license back while I file for bankrupycy
Jeffrey's answer
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Answered on August 30, 2015
A chapter 7 bankruptcy will get your license back if it was suspended for failure to pay a debt based on the car accident. You can file a...
Archived
In general, what is the major difference between a Chapter 7 and Chapter 13 bankruptcy?
Jeffrey's answer
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Answered on August 30, 2015
The goal of both chapter 7 and 13 is to eliminate your debt by obtaining a discharge. The difference is that in a chapter 7 there is no payment...
Archived
What is the Florida Statue of Limitation on personal non-secured loan? exp. person to person loan w/ no collateral.
Jeffrey's answer
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Answered on August 29, 2015
The general rule in Florida is the statute of limitations is 5 years on a written contract or promissory note from the date of the last payment.
Archived
What is going to happen to my paid off apartment if i claim bankruptcy?
Jeffrey's answer
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Answered on August 29, 2015
More information is needed and you should consult an attorney with the details. Is this your current homestead? When was the home purchased and...
Archived
Can filing a Chapter 7 Bankruptcy while living in my Florida Homestead property protect me from deficiency judgments?
Jeffrey's answer
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Answered on August 29, 2015
A bankruptcy discharge would also discharge any obligation on the amount owed to the bank, including any possible deficiency judgment. The bank...
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