Archived
Can a chapter 7 bankruptcy turn down factoring of a/r's that would pay off all creditors in my bankruptcy 100%?
David's answer
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Answered on June 07, 2013
Lots of moving parts here, but a trustee saying he "would rather see you destroyed" doesn't make any sense. The trustee operates with a duty of...
Archived
Can a credit card Judgement Lien be removed from a property when there is bankruptcy
David's answer
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Answered on May 31, 2013
In Florida, you enjoy a homestead exemption on your property if it is your primary residence. You could likely have had this removed in the...
Archived
We will be discharged from our Chapter 13 at the end of 2014, is it too late to try to do a lien stripping of our 2nd mortgage?
David's answer
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Answered on May 31, 2013
Stripping is a common practice and routinely done at the outset of a case. That said, there is nothing prohibiting you from filing a motion to...
Archived
I recently received my Chapt. 13 discharge. The case has not been closed yet. I recently learned I may be eligible to receive
David's answer
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Answered on May 31, 2013
I completely agree with Ms. Bunce. One of the things that people (even some lawyers) do not understand is that any property not listed on your...
Archived
What is the statute of limitations on chapter 7 bankruptcy in NY state with regard to nondisclosure of assets.
David's answer
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Answered on May 30, 2013
I understand why my colleagues give the answers they do and they are not, from a techncal perspective, incorrect. However, there is more to the...
Archived
My homestead was not included in my 13. The bank filed for relief from automatic stay. My equity is more than my debt.
David's answer
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Answered on May 30, 2013
My colleagues give very sound and complete advice, to which I would only add the following: As of April 1, 2013 the Southern District of Florida...
Archived
My attorney states Ch 13 stays on credit report 7 years from date of discharge, not filing. Is this accurate?
David's answer
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Answered on May 30, 2013
Seven years is not an accurate guage of either: Since October 17, 2005, bankruptcies continue to be reported on your credit report for 10 years...
Archived
How best to reinstate the Stay of bldg, (A) file a Motion to Reconsider or (B) Appeal the Order dismissing my Chapter 11 case?
David's answer
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Answered on May 28, 2013
I agree with my colleagues that you MUST get new counsel involved ASAP. There are plenty of experienced lawyers in Jachsonville who know Chapter...
Archived
Is it illegal for employer (privately owned company) to pay laid off employees after filing Chapter 11
David's answer
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Answered on May 28, 2013
"Illegal" implies that there is something criminal involved where as what I believe you are asking is whether it is "unlawful" for a Chapter 11...
Archived
What are the chief differences between Chapter 7 and Chapter 13 bankruptcy?
David's answer
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Answered on May 24, 2013
The exemptions in Florida are identical between the two and are found primarlity in Florida Statutes section 222.01 et. seq. (you can Google that...