Very often people come to see us after having tried being in one of those Debt Consolidation programs. Others are just starting to have trouble with debt and are considering all their options and ask for an opinion on Debt Consolidation programs. Here is what I tell them: Debt consolidation is premised on the assumption…Continue Reading
What Do You Mean They Can Take My Bike?!!
This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call “The Toy Question:”…Continue Reading
Florida’s Homestead Exemption and Mobile Homes
Question: Does Florida’s homestead exemption apply to mobile homes in bankruptcy? Short Answer: Yes Long Answer: Yes, and it is still permissible to also claim the wildcard exemption in bankruptcy if the mobile home sits on a lot rented and not owned by the homeowner. In Florida, a homeowner may exempt 100% of the value…Continue Reading
What is a Chapter 7 Trustee?
Trustees, Like Judges, are Assigned by the Clerk of Court It seems that the most mysterious player to a debtor in a Chapter 7 Bankruptcy is the Trustee assigned to the case. They’re not the judge, nor are they the debtor’s or a particular creditor’s attorney. “So who is this person and what do they…Continue Reading
8 Questions to Ask a Bankruptcy Lawyer Before You Hire Him/Her
Several of my staff are out of the office this afternoon, so I’m pulling phone duty. A man just called and said he was shopping bankruptcy attorneys and had “several questions” but his first was “how much?” for an individual Chapter 7. I told him the fees and costs and he replied “so you’re the…Continue Reading
Does Failure to Pass the Means Test Cut Off Chapter 7 Eligibility?
Short Answer: There’s still some hope, but hold on tight. Long Answer: I hate the Means Test. I have just this second decided that will be the subject of my next posting as explaining why would take some time. Suffice it to say, it doesn’t make any sense. So we have the Means Test that was…Continue Reading