Carmen Dellutri is a proud member of the Florida Bar, and he is a Board Certified Consumer Bankruptcy Attorney, Certified by the American Board of Certification. He practices in the areas of Consumer Bankruptcy and Plaintiff's Personal Injury. He is the principal attorney at The Dellutri Law Group, P.A. The firm supports many charitable and civic causes by donating time and much needed capital to our community. Mr. Dellutri and the other attorneys in the firm routinely speak to students of all ages about various legal and societal issues.

 

Author: Carmen Dellutri, Esq.

02 Dec Chapter 13 Bankruptcy And Home Owners Associations

abandoned homeIn Florida, home owners associations (HOAs) can be a blessing for some and a problem for others. When you add a Chapter 13 bankruptcy into the mix, the HOA can become a legal nightmare. According to the recent case of In Re Rosa, the chapter 13 plan and the confirmation order could change the relationship between the two. Imagine that you retired, purchased a beautiful home in a gated community in order to live the stress free life. The HOA now takes care of the lawn, cable, pest control, etc. Well, life changes or the economy changes or you have medical bills or there is a loss of job and you are forced to file bankruptcy. You have to make a choice: either keep the home and the HOA or let it go and deal with the HOA. If you file a chapter 13 bankruptcy petition and schedules, you also have to file your plan of reorganization. Your chapter 13 plan must tell the secured creditor exactly how you are going to deal with their collateral. Well, if you are going to keep the home, it really isn't a problem because you are still obligated to pay the HOA. If your Chapter 13 plan states that you are going to surrender the collateral back to the mortgage holder, that is good news to the secured creditors, but what about the ongoing HOA obligation? In other words, is the chapter 13 debtor still obligated to pay the ongoing HOA dues even though he or she has expressed their intention to surrender the property.
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28 Oct 5 Reasons Every Small Business Owner Needs To Consult With A Bankruptcy Attorney

Dual TrackingDid you ever hear a business owner talking about their Bankruptcy Attorney? Imagine you are at a cocktail party and you hear a small business owner say: "I've got the best Bankruptcy Attorney in town." or " My Bankruptcy Attorney saved me a fortune." This never happens, but it should. Business owners are too busy running their businesses to think about things that have nothing to do with running the business, well almost nothing. When they need advice, they meet with management and accountants rather than a bankruptcy attorney. However, when a business owner is at a cross-road and the you know what hits the fan, guess who they are in a hurry to meet with? That's right, their favorite bankruptcy attorney. I wish more small business owners would make it a priority to discuss their financial issues with a bankruptcy attorney before the fan gets turned on. The way I see it, there are 5 main areas where a bankruptcy attorney can provide support and advice to many small business owners. 1. Cash Flow Analysis 2. Debt Management and Debt Restructuring 3. Credit Issues 4. Collecting Receivables 5. Disaster Planning.
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28 Aug Spouses Do Not Need To File Bankruptcy Together

Credit Report RingsI Love You, but before I pop "the question", I am going to need to see your most recent credit reports! In Florida, marriage does not make you automatically responsible for your husband's/wife's debts. If marriage bound you to pay for your husband's/wife's debts, people would not get married without a thorough background check and credit check. I know I would have been quite a bit more diligent in my research. Sorry Honey, but it's the truth. Would you marry someone with $50,000 in past credit card debt or medical bills? How about someone who purchased a house at the wrong time and went through foreclosure and is facing a deficiency judgment? Many husbands/wives believe that they are responsible for their spouse's debts despite not having signed for the debt. I don't know where this idea came from but I hear it all the time, and it scares me that people believe it is true. This question comes up quite a bit when discussing financial problems at an initial bankruptcy consultation. I cannot speak for other states, but in Florida, nothing can be further from the truth. So, I always ask a husband and a wife, to split the debts that they would like to include in the bankruptcy and see who is responsible for each and every debt. The reason for doing so is simple: It may not always be in the best interests of both parties to file for bankruptcy, and if there is one thing that I have learned during my years as a bankruptcy attorney, it's that you never know what the future will hold.
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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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28 May If I File A Chapter 7 Bankruptcy In Florida – Should I Reaffirm My Mortgage?

ReaffirmShould a Debtor in a Chapter 7 bankruptcy in Florida reaffirm their mortgage or second mortgage? Good Question. The Creditors think so. The case law is unclear (at least to me), and the debtors want a ride through (ability to pay as you go without reaffirming or redeeming). This is one issue where the Bankruptcy Courts nationwide have agreed to disagree. There is clearly a split in the bankruptcy case law across the nation. Some Bankruptcy Courts allow the ride through which means that Chapter 7 bankruptcy debtors will be allowed to continue making regular payments. The case law in the Bankruptcy Courts in the Middle District of Florida is just the opposite. Here, we have an opinion that states that a debtor is required to reaffirm their mortgages but the overwhelming majority of Chapter 7 debtors do not reaffirm their mortgages, and they continue to make regular monthly payments.
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