Archived
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
Kevin's answer
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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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Archived
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...
Archived
Post Chapter 7 BK, Motion to Reopen case for purposes of adding a missed creditor cause a stay in a pending foreclosure action?
Kevin's answer
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Answered on December 05, 2012
The automatic stay will NOT be reinstated. However, if you engage professionals to pursue a short sale, you may get extra time in the property and...
Archived
Credit card debt, what are my options
Kevin's answer
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Answered on December 05, 2012
Is there a question lurking here? A corporation does not get a discharge in a Chapter 7 bankruptcy so you can't "bankrupt" the debt with a...
Archived
Parents (72 & 68) are living on social security and have about 20,000 in debt. Having trouble getting by every month.
Kevin's answer
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Answered on December 03, 2012
What is in their best interests is to set up a free telephone consultation with qualified counsel immediately. There are complications arising...
How will my prepaid leased car be dealt with in my Chapter 7 bankruptcy case?
Kevin's answer
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Answered on December 03, 2012
I respectfully dissent from the two previous answers. The lease is an asset of the estate and can be assigned to another person by the Trustee. ...
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