Monthly Archives: November 2024
Can I Be Evicted If I File for Bankruptcy?
If you are considering a personal bankruptcy filing in South Florida, we know that you are likely to have a wide range of questions and concerns about the implication of the filing, as well as the benefits it will provide for you. One question that bankruptcy filers often want to know is whether they… Read More »
Avoiding Property Transfers Prior to a Bankruptcy Filing
Individuals who are planning to file for bankruptcy, including liquidation or reorganization bankruptcy, need to think carefully about any asset transfers they are considering prior to the filing. There are many reasons that people transfer assets, from sending money to adult children or other relatives to making gifts. Yet transferring assets in the time… Read More »
Bankruptcy for Startups in South Florida
Do you own a startup in South Florida that is struggling financially? For entrepreneurs in South Florida, the possibility of a business bankruptcy filing can be confusing and anxiety-inducing, but it is important to know that many startups consider different types of bankruptcy. Indeed, some startups file for reorganization bankruptcies, which allow their businesses… Read More »
Can I File for a Partial Bankruptcy?
Many residents of South Florida find themselves in situations where they may be current on certain debts and up-to-date with particular creditors, but falling significantly behind with others. For example, you might be avoiding payments on credit cards and medical bills in order to ensure that you are paying your mortgage each month and… Read More »
Payday Loans and Chapter 7 Bankruptcy
Any individual who is planning to file for Chapter 7 bankruptcy in West Palm Beach or elsewhere in South Florida should ensure that all, or the majority, of their debts are dischargeable. Under the US Bankruptcy Code, certain types of debts are classified as “exceptions to discharge.” While many forms of consumer debt can… Read More »
How to Keep Important Assets in a Liquidation Bankruptcy
When an individual or a married couple in Florida consider bankruptcy, one of the most pressing considerations is the required liquidation of property. It is critical to understand that assets are only liquidated when an individual (or married couple) files for Chapter 7 bankruptcy. If an individual files for a kind of reorganization bankruptcy,… Read More »
What is Non-Exempt Property in a Bankruptcy?
As you may know, if you are filing for Chapter 7 bankruptcy as an individual in South Florida (as opposed to a business bankruptcy), you will need to work with a lawyer to determine which of your assets qualify as “exempt” under Florida law and which are not going to be exempt (i.e., non-exempt… Read More »
Bankruptcy and the Statute of Limitations on Debt in Florida
Debtors who are considering a bankruptcy filing in South Florida might find information about the statute of limitations for various debts, and they may be wondering if they actually owe debts that could now be time-barred. The term “time-barred” refers to a claim (such as the collection of a debt) that is no longer… Read More »
Can I Use Florida’s Homestead Exemption?
Homeowners in Florida who have paid off their mortgages or the majority of their mortgages and are planning to file for bankruptcy often have access to the Florida homestead exemption. If you are a homeowner in South Florida and are considering bankruptcy, you might already know that Florida’s homestead exemption is among the most… Read More »
Objections to Proposed Chapter 13 Plans
Are you considering a Chapter 13 bankruptcy filing? If so, it is important to know that part of any Chapter 13 bankruptcy case is to draft a repayment plan designed to last three to five years. The aim is for the repayment plan to allow priority creditors to be repaid in full over the… Read More »
