Archived
How long do I have until I absolutely have to move from my home? If I file for bankruptcy will it stop the process?
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Answered on December 03, 2014
A bankruptcy filing will cancel the foreclosure sale if you file before December 18. Also, it is possible to obtain an order in the state court...
Archived
If the judgment is against both husband and wife, can the Head of Household claim the exemption still?
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Answered on November 30, 2014
The exemption from garnishment of wages would apply to one of you, not both. Do you or your spouse provide more than 50% for the other family...
Archived
Vehicle Fair Market Value for non exempt equity.
Jeffrey's answer
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Answered on November 29, 2014
There are different standards on valuation of vehicles. Some use retail, others trade-in, or in between. Trustees in South Florida typically want...
Archived
Can I declare bankruptcy on a school loan?
Jeffrey's answer
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Answered on November 29, 2014
Student loans cannot be discharged except in extreme circumstances."Undue hardship" must be proved, but the courts are very strict when applying...
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Can I use my inheritance to buy a used car if I have retained a bankruptcy attorney but wont file till 2015 in Florida?
Jeffrey's answer
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Answered on November 29, 2014
Creditors cannot seize your disability, so you should consult an independent attorney about whether and when to file. If you inherited funds and...
Archived
I filed chapter 7 bankruptcy but I am not sure if I should have listed the home property taxes, any insight on this? Thank You!
Jeffrey's answer
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Answered on November 29, 2014
In Florida you have no personal responsibility for the property taxes. The county cannot seek any recovery from you other than against the...
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Archived
In the state of Florida, in Chapter 7 bankruptcy, can my $1,000 car exemption be used for personal property other than a car?
Jeffrey's answer
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Answered on November 26, 2014
You have a $1,000 exemption that can only be used towards a vehicle. You have another general $1,000 exemption that can be used against any...
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Archived
Regarding my homestead exemption in chapter 7 bankruptcy in Florida, if I don't claim it or use it, do I get $4,000?
Jeffrey's answer
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Answered on November 26, 2014
An exemption is an asset you can keep, not what a trustee will pay you. There are a lot of issues that you are just making assumptions, and you...
Archived
Shall I file the 1.977 form or file bankruptcy? A final judgment from a second mortgage who sold the promissory note.
Jeffrey's answer
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Answered on November 25, 2014
The decision to file bankruptcy will depend on numerous factors and you need to consult with an attorney. I assume the amount of the judgment is...
Archived
I am planning on filing Chapter 7 Bankruptcy due to four foreclosed properties and $27,000 credit card debt.
Jeffrey's answer
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Answered on November 25, 2014
I agree that your full situation should be discussed with an attorney. I also agree that you will want to consider whether a bankruptcy is needed...
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