Can a Florida Chapter 7 bankruptcy debtor exempt money in his bank account that represents deposited unemployment compensation? A Florida bankruptcy court recently reviewed this issue which had not previously been considered by any Florida court. Continue reading
Category Archives: Planning Tips
Bankruptcy’s Effect On Federal Security Clearance
I have been asked more than once whether filing bankruptcy can adversely impact the debtor’s security clearance with a private business or government agency. Continue reading
Who Is Liable on Your Credit Card Debt? Applicants vs. Users
There are two types of “people” in the credit card world that are frequently confused. These people are the “co-applicant” and the “authorized user.” Client I encounter in Orlando, Florida, often ask me if they are personally liable for someone else’s credit card when they have themselves previously used the card. Continue reading
Disputing Items On Your Credit Report
I follow a blog called The Points Guy because he informs readers of incentive reward programs for new credit cards and recommends the best credit cards for different consumer needs. His blog occasionally reports on credit scoring as it affects people’s ability to get new credit cards. Continue reading
Business Bankruptcy Location: Where Can A Business File?
Where may a business file bankruptcy? The president of a small family business based in Georgia called me to ask whether his business could file a Chapter 11 bankruptcy in Florida. The business was a Georgia corporation with offices in Atlanta, Orlando, and Tampa. The caller preferred to file bankruptcy in Florida because he thought doing so would reduce the publicity and his own embarrassment in Atlanta where the president resided. In addition, the president maintains a personal residence in Orlando where he lives half the year.
Pre Bankruptcy Planning Can Include New Debt For Proper Purpose
A common question during a pre-bankruptcy meeting with a bankruptcy client is whether a debtor can incur any new debt between the time he first meets his bankruptcy attorney and the filing date. The answer has two parts.
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Bankruptcy Issues In Florida Domestic Partnerships
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I was reading post on a Florida domestic partnership law blog which brought to mind the fact that I have represented several bankruptcy debtors who are part of same-sex couples. These debtors typically are living together in some form of…
Bankruptcy Attorney’s Advice For People Who Cannot File Personal Bankruptcy
Some people are ineligible for Chapter 7 based upon their income and cannot file Chapter 13 because they have debts above the Chapter 13 ceilings. Many other people are advised by a bankruptcy attorney not to file bankruptcy because they have assets which are not exempt in bankruptcy. I sometimes wonder what happens to people facing judgments who are told by a bankruptcy attorney that they cannot file, or should not file, bankruptcy.
Client’s Plan To Combine Bankruptcy And Subsequent Asset Protection
A husband and wife consulted with me about a pre-bankruptcy plan. They jointly owned a homestead which had equity. They maintained individual bank accounts and other financial assets. They had over $150k of joint unsecured debt. They wanted to start a new business which would provide their livelihood. The husband was reluctant to file bankruptcy because he may need bank financing; he could obtain financing with his debt level but not with a bankruptcy on his record.
Employer Can Refuse To Hire Bankruptcy Debtors
I have previously written posts on the subject of bankruptcy and employment. How bankruptcy can effect your employment depends upon whether you are concerned about a current employer or employment. Continue reading