Florida Bankruptcy Law Blog

Recent Posts from Florida Bankruptcy Law Blog

• Chapter 13 Debtor Can Cram Down Investment Mortgage Using Balloon Payoff At Plan's End

  Chapter 13 bankruptcy law permits debtors to "cram down" some secured debts. You can cram down secured car loans originated more than 910 days prior to bankruptcy, and you can cram down mortgages on investment…

• The Best Trustee Question, Ever

  Picture this. I’m sitting with a bankruptcy client at a typical trustee meeting. It’s a normal Chapter 7 bankruptcy, and I don’t expect any issues. As soon as the Trustee finishes his usually opening questions…

• Each Spouse Wants To Protect Entireties Asset In Their Joint Chapter 7 Bankruptcy

  Where one spouse files Chapter 7 bankruptcy and same debtor and the non-filing spouse has no joint unsecured debts any property owned jointly by the two spouses as tenants by entireties property is exempt and…

• Debtor Can Cram Down Loan For Wife's Car Purchased Within 910 Days of Filing Chapter 13.

  Here's a blog post of interest to anyone considering a Chapter 13 bankruptcy and who owns a car subject to a car lien. South Carolina Bankruptcy Lawyer Unleashes Vulcan Intellect on Hanging Paragraph. The post…

• Bankruptcy's Effect On Employment And Security Clearance

  I often get asked about the effect of filing bankruptcy on debtors' employment. I have sometimes been asked about bankruptcy's effect on a debtor's government security clearance. I found a really good blog post on…

• Bankruptcy Debtor Seeking Conversion From 13 To 7 Prior To Job Loss: Expresses Dissatisfaction With His Bankruptcy Attorney's Response

  I received an email from a person who filed Chapter 13 bankruptcy and who expressed dissatisfaction with their attorney. The caller said that his company was downsizing, or going out of business, and he knew…

• Court Strips Second Mortgage In Chapter 7 Bankruptcy. Is It Precedent?

  Chapter 7 bankruptcy strip second mortgage

• Can Chapter 13 Plan Extend Lenght Of Debtor's Car Lease?

  A lawyer called me with a question about a car lease in a Chapter 13 bankruptcy. His debtor filed Chapter 13 with a car lease that terminates in three years. His client’s bankruptcy plan is…

• Bankruptcy Not Abusive Where Homestead Mortgage Proceeds Used For Investments

  Chapter 7 banrkuptcy abuse mortgage

• Using Chapter 13 To Strip Second Mortgage After Completing A Chapter 7 Bankruptcy

  Debtors are discovering that they can strip off their second mortgage lien on their primary residence by filing a Chapter 13 where the value of the house is equal or less than the balance of…