Author Archives: Site Administrator
Business Debts and Personal Liability
One question that our South Florida bankruptcy defense attorneys often encounter is: “Will I be held personally responsible for the debts of my business?.” For those who own businesses facing a mounting burden of debt or bankruptcy, there are two factors that will determine if they are personally liable: a written personal guarantee and… Read More »
Converting From Chapter 13 To Chapter 7 Bankruptcy
Sometimes debtors find themselves in situations that force them to convert from Chapter 13 to Chapter 7. There is also the possibility that the court may force a bankruptcy chapter conversion on a defendant. Our West Palm Beach bankruptcy attorneys are here to give our expert advice on the process and qualifications behind bankruptcy… Read More »
Redemption Before and After a Foreclosure Sale
If one is faced with losing their home to foreclosure, there are options available to “redeem” the property before or after the foreclosure sale. The set redemption periods give those named as defendants the opportunity to pay off the debt and buy back the property. Here are the two redemption options available: Avoiding the… Read More »
Judgement Liens in Bankruptcy
Creditors have the legal right, in the form of a court order, to pursue collections against the party that owes money, also known a judgement. These judgements can lead to a lien being placed on that person’s property. Under Chapter 7 bankruptcy, there is the possibility that a judgment lien against a property can… Read More »
Understanding Foreclosure Rights
While seemingly powerless and constrained, in actuality, foreclosure defendants may have available to them many legal alternatives. These alternatives may be rights that are recognized by federal and state law, or may be options made available by the banks or mortgage servicers. Our experienced foreclosure attorneys are here to explain what borrowers are entitled… Read More »
Affirmative Defenses to a Breach of Contract
As a common argument against breach of contract lawsuits, an affirmative defense requires the Defendant to prove his explanation if the case goes to trial. This widespread type of defense does not need to dispute the Plaintiff’s primary claims, only to present the extenuating circumstances that dismiss the claim. For example, if a business… Read More »
Filing an Answer to a Foreclosure Lawsuit
Once someone named as a defendant has been served with a foreclosure lawsuit, a defendant will have the choice to submit a formal answer to the court. An answer is an official response to a foreclosure complaint and the accompanying court summoning. Filing an answer can be challenging due to the fact that there… Read More »
Applying The Homestead Exemption to Chapter 7 and Chapter 13 Bankruptcies
In bankruptcy cases, there are distinct strategies that should be put into place when approaching the Homestead Exemption. Our West Palm Beach bankruptcy attorneys are here to explain the differences in exemption requirements when filing for Chapter 13 and Chapter 7. Equity is established on a personal residence when the value of the property… Read More »
Understanding Restructured Debt
Debtors have the ability to restructure their outstanding payments when filing for particular chapters of bankruptcy. For individuals and couples, filing for Chapter 13 bankruptcy makes the most sense; on the other hand, applying for Chapter 11 is more appropriate for those with businesses. It takes careful planning and informed legal assistance to form… Read More »
New Home Construction Defects and Your Legal Options
The increasing number of new construction homes, apartments, and condominiums being built in Florida have come with a surge of construction defect complaints. Rick Greene, director of development services in West Palm Beach, stated that for the past four out of five years, the city has collected more than $9 million each year in… Read More »
