I received a call from an estate and probate attorney about one of his probate clients who filed Chapter 7 bankruptcy in Florida. The bankruptcy debtor had been appointed as personal representative of an estate before he had filed bankruptcy. Estate administration is ongoing. Continue reading →

I have reported previously on this blog that Wells Fargo Bank often will freeze bank accounts of its depositors who have filed bankruptcy even if the debtor claims the money in the account as exempt property on their bankruptcy petition. Wells Fargo bank often requires a letter from the bankruptcy trustee to give the debtor, and even his non-debtor spouse, access to the debtor’s money. Continue reading →

Most people filing bankruptcy understand that Chapter 7 bankruptcy will not discharge student loan debt. In fact, the bankruptcy law provides an exception to the general rule of non-dischargeability when the debtor can demonstrate that the student loan causes an undue hardship on his post-bankruptcy recovery. Continue reading →

Prior to his filing Chapter 7 bankruptcy one of my clients was victim of a home break-in and theft. Valuable personal property was stolen. A police report was filed. After filing the petition, the police recovered some property and the thief was ordered to pay restitution to my bankruptcy client. Continue reading →

One of my clients says his creditors have threatened to force him into Chapter 7 bankruptcy. The client is in default of a loan agreement over $1 million, but the creditor has not yet filed a lawsuit. The client’s recently purchased Florida homestead would not be exempt in a bankruptcy case filed in the near future. Continue reading →

A debtor who borrows money on credit cards in order to gamble the money may still discharge these credit card debts in Chapter 7 bankruptcy according to the court decision in In re Rembert. Continue reading →

A debtor owes money to his parents, and his parents long ago recorded a mortgage on the debtor’s real property. The debtor was behind in the note payments to the parents. The debtor is concerned about that paying his loan to his parents would be an improper preferential payment in a Chapter 7 bankruptcy proceeding. Continue reading →

Many of my Chapter 7  bankruptcy clients whom I represent in Orlando bankruptcy court reside outside the Orlando area. Some live near Jacksonville; others live close to Tampa. What choice do debtors have regarding their bankruptcy court? Continue reading →

A caller this week was interested in filing bankruptcy but is concerned about preserving a valuable homestead owned free and clear. The caller stated that he had signed a contract to sell the house for about $500,000. He is concerned about protecting the house and sales proceeds in a Chapter 7 bankruptcy. Continue reading →

Student loan debt is a substantial problem in our economy as many people have been unable to find employment after incurring large student loan liability. It is very difficult to discharge student loans in Florida  Chapter 7 bankruptcy. Most of my clients assume they cannot wipe out student loan debt. Continue reading →