Archived
Will filing Chapter 7 Bankruptcy reinstate my revoked license in the state of Florida?
Kevin's answer
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Answered on January 24, 2013
A miracle has happened. Several lawyer, including this one, agree on the same answer! Yes, the Chapter 7 discharge will wipe out the debt and...
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CHAPTER 11 PENALTY AND INTEREST ON INDIVIDUAL TAX DEBT.
Kevin's answer
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Answered on January 19, 2013
The general rule is that the interest and penalties carry the same priority as the tax. In Chapter 11 you will be required to pay the entire...
Archived
CAN IRS PENALTY BE CRAMMED DOWN IN A PERSONAL CHAPTER 11
Kevin's answer
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Answered on January 19, 2013
The term "cram-down" in the context of a Chapter 11 case refers to confirmation of a plan of reorganization/liquidation where at least one class of...
We are married and need to file for bankruptcy, but my husband has a car that is under his name and his brother's name.
Kevin's answer
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Answered on January 17, 2013
The joint title to the vehicle is not singularly dispositive of the Trustee's rights to take it. In other words, can't tell from your question. ...
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Does Florida have a residency period before availing oneself of the state's debtor-friendly homestead exemption in bankruptcy?
Kevin's answer
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Answered on January 14, 2013
Frankly, you have no business asking this sort of question in this forum. Choose a qualified bankruptcy professional and consult regarding this...
Archived
Chapter 7 in FL - Is the disposable income relevant in my ability to repay creditors when I only hamy primarily business debts
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Answered on January 11, 2013
I have this issue on appeal right now. Oral argument is set for March. We should have some ruling on this issue, binding in the 11th Circuit (in...
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Homeowner Association Fees
Kevin's answer
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Answered on January 08, 2013
Yes. HOA fees which accrued after the date on which you filed bankruptcy remain your responsibility. Some options you may have include offering...
Archived
Is there any limit to the amount of business debt that can be discharged through a Chapter 7?
Kevin's answer
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Answered on January 08, 2013
There is no limit to the amount of business debt which an individual can discharge in Chapter 7.
Archived
Which federak rules of bankruptcy procedure establishes the types of actions for which adversary proceedings must be initiated?
Kevin's answer
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Answered on December 11, 2012
Bankruptcy Rule 7001.
Rule 7001. Scope of Rules of Part VII
An adversary proceeding is governed by the rules of this Part VII. The...
Archived
How is the value of a secured claim in bakruptcy determined?
Kevin's answer
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Answered on December 10, 2012
Section 506 of the Bankruptcy Code (11 USC Sec 506) controls this answer. You take the amount of debt, subtract the current market value of the...
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