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Articles Posted in Chapter 7 Bankruptcy

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Dispelling the Myth of Losing Everything by Declaring Bankruptcy

  Personal Property Bankruptcy is a way for you to actually keep most of your personal assets and say goodbye to the creditors and debt collectors. The truth is that debt collectors cannot touch MANY of your assets when you declare bankruptcy, most are protected. The magic of this protection…

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Florida as a Bankruptcy Debtors’ Haven? Not Always… What it Means to Surrender a Home in Bankruptcy.

Florida has a history of being unusually lenient when it comes to debtor protections in bankruptcy.  For one, we’ve opted out of the federal exemptions and have our own.  The homestead protections are some of the best in the country.  In some ways Florida’s exemptions are good, in others they…

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Taxes and Bankruptcy – Two Not so Fun Topics

The Golden Rules to Discharge Taxes: If you choose to file a Chapter 7 bankruptcy, your tax debt could be discharged if you meet the following tests: The taxes must be for income. The tax debt must be at least 3 years old (including extensions). You must have filed the…

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Business Debt Dragging You Down, Consider Bankruptcy Options for a Fresh Start.

Many of our recent bankruptcy clients report large amounts of business debt.  This may be small business loans, credit cards run up to support a small business, or personal guarantees.  Often the business is gone at this point and we are looking to file an individual bankruptcy.  Filing a bankruptcy…

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Common Mortgage Problems Following a Chapter 7 with No Reaffirmation of the Mortgage

Consumer debtors routinely have various related difficulties with mortgages following the filing of a Chapter 7 bankruptcy.  Unfortunately, the first thought is that the bankruptcy attorney messed up when that really is not the case.  They think the attorney put the home into the bankruptcy when it was meant to be…

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Under What Circumstances Can a Creditor Continue to Report a Debt Following a Bankruptcy?

The FTC guidelines state that credit reports can include debts discharged in bankruptcy so long as they’re reported as discharged with a zero balance. 16 C.F.R. 600 app. § 607(b)(6). See also Schueller 559 Fed.Appx. at 737; Horsch, 2015 U.S. Dist. LEXIS 37476, 2015 WL 1344836, at *10. The only…

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Loan Mods Often Easier in Bankruptcy – Ch 7 or Ch 13

We are still doing loan mods for our clients – three alone this week – one in a Chapter 13 bankruptcy and two outside of bankruptcy.  One has the docs to sign, another was presented with options including a principal reduction, and the other should be finished with underwriting and…

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