Sometimes our Florida foreclosure defense clients wait too long to challenge a foreclosure. This is the primary reason why we attorneys always post advice and blog incessantly about not letting a mortgage company get a default judgment or challenging a default if one occurs. However, a client can also wait…
Articles Posted in Chapter 13 Bankruptcy
Tax Intercepts, Wage Garnishment, Payroll Loan Deductions: How Can a Debtor Afford to File Bankruptcy?
Bankruptcy filings are down substantially in 2014 to only 910,090 which is the lowest number since 2007. Yet at the same time, people are still losing their homes especially in Florida, wages are flat or down and the cost of living continues to rise other than gas which isn’t too…
National Collegiate Student Loan Trust Case Barred by Florida Statute of Limitations
Great news for Florida consumers with student loans! On April 21, 2015, the Middle District of Florida, Tampa Division, Bankruptcy Court issued a ruling on behalf of our client that a National Collegiate Student Loan Trust would be barred from pursuing student loans in Florida because the five year statute…
Bankruptcy Relief for Student Loans May Be Changing?
Today, a legislator introduced a bill to treat student loan debt as other unsecured debt in a bankruptcy filing. This would be huge! As everyone knows, a bill isn’t a law and it could be awhile, but if this gains steam, we may have some relief for graduates over the…
Debtors’ Ability to Strip Second Mortgages: the Door May Be Slammed Shut Soon so File Now!
As a Florida consumer bankruptcy attorney, we have been able to remove and strip off second mortgages due to the 11th Circuit’s decision in McNeal a couple years back. It is the only Circuit in the country that allows for a second mortgage lien to be stripped from homestead property.…
Watch out for Scam Bill Collectors Calling after a Bankruptcy is Filed
I don’t know if this is occurring to our Florida bankruptcy clients, but I imagine it is. The ABI I have a warning for you about scam bill collectors. Criminal gangs are posing as law enforcement officials. They are calling people and emailing phony threats to collect on fake debts…
Medicare Liens and ObamaCare: Florida Homestead Protected
The Affordable Care Act has caused millions of people to sign up for Medicaid for the first time. Medicaid is a program of free health insurance provided to low to no income individuals. Although the care itself is free, there is a lien against estate assets for any Medicaid payments…
Bank of America: A Case Study in Incompetence or Intentional Fraud?
Bank of America simply cannot get it right. Our Tampa, Florida law firm sees violations regularly whether it involves foreclosure or bankruptcy. Of particular note these violations are all one way and they put money in BofA’s pocket. If they were truly errors, wouldn’t they immediately be corrected once pointed…
The Complexities of Bankruptcy: Chapter 13 Plan Choices
At the end of February 2013, the Middle District, Tampa Division of the U.S. Bankruptcy Court announced an amended Uniform Chapter 13 Plan would have a new choice for debtors. Debtors can now choose whether they want property of the estate to vest in the Debtor’s name upon confirmation of…
How long does a judgment last in Florida?
Under Florida law, a creditor has up to twenty years to try and collect a judgment. That’s an intimidating number, two whole decades. Something not to take lightly. To become a lien on real estate, a certified copy of a final judgment must be recorded in the public records in…