Monthly Archives: April 2021
How Long Does A Creditor Have To Sue On A Credit Card?
In Florida, there is a time limit for how long someone can enforce or collect upon a contract. That includes contracts between creditors, such as credit card companies, and a debtor. But how long does a creditor have to collect on a debt? In other words—how long is the Statute of Limitations (SOL) for… Read More »
Defending Collections Lawsuits
If you’re sued on a standard credit card or retail credit account, you may be frightened and confused, and convinced that you absolutely owe the money. But that’s not always the case, and although bankruptcy is usually the best option if you have multiple debts, it’s still good to know how consumers defend themselves… Read More »
Ipso Facto Clauses: Funny Name, Serious Meaning?
Usually, contracts mean what they say, and courts are hesitant to tell parties what they can or cannot do or agree to in a contract. Rarely will something that someone puts in a contract be automatically invalid or void. But bankruptcy law does contain one such provision that does just that. The Ipso Facto… Read More »
The Head Of Household Exemption Has One Large Loophole
The Florida Head of Household exemption is a powerful tool that allows people to protect money they earn at work from creditors, whether in a collections lawsuit (such as a lawsuit suing on a credit card or medical debt) or whether in bankruptcy. But there’s one bit exception to this exemption that you should… Read More »
Debt Settlement Companies: Stay Away
You have a lot of debt, and you may be considering bankruptcy. But that seems like a drastic step when there are so many ads on TV and online touting to just resolve your debts without bankruptcy. So what’s the better option—bankruptcy or a debt relief company? What Do Debt Settlement Companies Do? Debt… Read More »
Filing An Emergency Bankruptcy Petition
Sometimes, you get to file for bankruptcy, or decide whether to file for bankruptcy, on your own schedule. But sometimes you can’t. Sometimes, life creates problems, and there is a reason why you may need to immediately file a bankruptcy. The Automatic Stay The reason why an immediate bankruptcy filing can help is because… Read More »
What is a Debtor in Possession?
One of the benefits of Chapter 11 bankruptcy is the ability of a company to file for bankruptcy, yet emerge from that bankruptcy intact – that is, still in business. But that means that during the bankruptcy, the business still has to be managed, run, and operated. How does it do that? With the… Read More »
The Difference Between Chapter 7 and Chapter 11 Bankruptcy For Businesses
In many ways, Chapter 7 and Chapter 13 bankruptcy are thought of as different than Chapter 11. To some extent that’s correct, as they abide by different laws, and affect or help different people or companies. But how are they different? Specifically, how is Chapter 7 bankruptcy different from Chapter 11 bankruptcy? Liquidation or… Read More »
Benefits of the Small Business Reorganization Act
Historically, Chapter 11 bankruptcy has been thought of as a long, laborious and time intensive process. Certainly, like any legal area, there are some cases that can be complex, and go on for an extended amount of time. But in 2019, Congress passed a new law, the Small Business Reorganization Act, designed to make… Read More »
The Unique Ability to Modify Loans in Chapter 11 Bankruptcy
You’ve heard it before: Bankruptcy does not allow people to rewrite financial provisions in loans or mortgages. Although Chapter 7 or Chapter 13 can provide avenues to help people or businesses get out of foreclosure, just changing the terms of a pre-existing mortgage agreement is not one of them. Chapter 11 Can Rewrite Loan… Read More »
