July 2013

31 Jul Is Your Homestead Exemption Bulletproof under 11 USC 522(o)?

imagesIn Florida, your home is truly your castle. We have Florida constitutional homestead equity protection in an unlimited amount. This means that you can file bankruptcy with a two million dollar home (or more) with no mortgage and claim it as exempt, but this doctrine is subject to exceptions when a debtor files for bankruptcy protection. 11 U.S.C. 522(o) is one such exception. Under this section, a debtor may not claim as exempt his or her homestead, or any portion of the homestead, that was acquired with non-exempt assets and actual fraudulent intent to defraud a creditor. It is the second part of this test which sends chills down your spine. What exactly is the requisite fraudulent intent? This is the question that we will explore in this blog.
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27 Jul Attorney-Client Privilege, Work Product, in Bankruptcy

The U.S. Trustee comes a'knocking at your door. it doesn't care about no stinkin' attorney-client privilege. And the attorney work product privilege? It's just so many meaningless words. The government wants to see, um, EVERYTHINGin your files (both from the debtor and the lawyer). It wants...

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