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Chapter 7 Bankruptcy in Florida - Federal or Florida Exemptions?
Lived in Miami 12 yrs, abroad 3 yrs, back in Florida 9 months.
Jeffrey's answer
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Answered on May 29, 2015
In bankruptcy court, you must be a resident of the state for 2 years to use the state court exemptions. Since you have not been a resident of...
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Archived
Are HELOCs/Second Mortgages still being "stripped" in Bankruptcy CH. 7 in the Southern District Courts?
Jeffrey's answer
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Answered on May 16, 2015
Your summary is quite accurate. Interestingly, I was before a local South Florida bankruptcy judge recently who said he believed the Supreme...
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Can I discharge a Lump Sum Alimony of $40k in bankruptcy chapter 7?
Jeffrey's answer
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Answered on May 11, 2015
No, no, three times no. No matter what the obligation is in a marital settlement or divorce judgment, you cannot discharge the obligation in a...
Can i still sell my house after chapter 7 bankruptcy discharged?
Jeffrey's answer
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Answered on April 20, 2015
You might be able to sell the house depending on what happened in your bankruptcy. If you did not claim the property as homestead, which is likely...
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Husband has a judgment. He and I jointly own a paid-off car, but I made the car payments. Is the car at risk?
Jeffrey's answer
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Answered on April 19, 2015
The car was obtained while you were not married, so the property cannot be tenants by the entireties. Even if you had been married when you...
Archived
Supposed to file joint bankruptcy with spouse and now I don't want to. What are the consequences to me?
Jeffrey's answer
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Answered on April 11, 2015
You do need to obtain separate legal advice. An inheritance that you have received, or if you are the beneficiary of a will and the person dies...
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Hello, If I have a Deposition for an unsecured Credit card for $26K can i file for bankruptcy to stop the deposition?
Jeffrey's answer
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Answered on April 01, 2015
Yes, the filing of the chapter 7 bankruptcy will create an automatic stay, meaning that the deposition will not take place. Please be aware that...
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Does the Florida Homestead Exemption also protect against court and attorney costs?
Jeffrey's answer
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Answered on March 26, 2015
I agree that the homestead protection in Florida would not be lost if at trial the results were against you for more than the amount in the offer...
Archived
A person has judgments from different cases. If two garnishments were sent to the same garnishee, who gets the money first?
Jeffrey's answer
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Answered on March 23, 2015
The "race to the courthouse" will determine who can garnish your wages first. I agree with the prior responses.
Archived
Debt judgement statute of limitations
Jeffrey's answer
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Answered on March 23, 2015
The time of the enforceability of the Ohio judgment would be based on Ohio law. To collect in Florida, the creditor must go through a procedure to...
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