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Car Accidents And Bankruptcy »

As a Bankruptcy and Personal Injury lawyer, I receive a rather unique perspective in my practice. Lately, I am seeing more bankruptcy clients who fell behind on their monthly payments, credit cards, mortgages, etc. because of injuries they received in a motor vehicle accident.
Individuals are not immune from car accidents, and let’s face it, [...]

Bankruptcy In Florida: Renting Is A Crapshoot. »

As a Bankruptcy Attorney in Southwest Florida, I speak with bankruptcy clients who are surrendering their homes in one of the worst housing markets in the United States. Bankruptcy is usually their only option to a void the negative consequences of the foreclosure process.
One of the unfortunate complications of this reality is the state [...]

Bankruptcy In Florida: Debt Collector Gets What Coming to Them. »

Consumer Bankrutpcy Attorneys and Consumer Advocates around the United States are rejoicing today as one of the debt collectors gets what they deserve.  The Federal Trade Commission settled a debt collector harassment charge against LTD Financial Services for $1,300,000.00.  The interesting thing about this case is that the charges were brought against the company and [...]

Bankruptcy In Florida: Debtors Can Stack Personal Property Exemptions »

On July 31, 2007, Governor Charlie Crist amended one of Florida’s exemption laws, Florida Statute 222.25(4).  This amendment created more questions than it answered.  By amending the existing statute, Governor Crist changed bankruptcy practice as we knew it in Florida.  The law added a personal property exemption of $4,000.00, but was only applicable to those residents [...]

Bankruptcy In Florida: Short Sales Are A Joke. »

As a Bankruptcy attorney in Southwest Florida, I meet with people daily who are interested in the Bankruptcy process and how bankruptcy can help them. I enjoy giving them information on how Bankruptcy can change their lives.
Unfortunately, there is quite a bit of bad information out there about what is really going on in [...]

Bankruptcy In Florida: When Should I Surrender My Home? »

As a Consumer Bankruptcy Attorney in Southwest, Florida, one of the most frequently asked questions in a bankruptcy consultation is: Should I surrender my home now that the value of the home is $50,000, $60,0000, $80,000 less than what I owe on the mortgage(s). This is a great question in a bankruptcy consultation because [...]

Florida Bankruptcy: What is Arbitration? Part II »

As a consumer bankruptcy attorney in Southwest Florida, I seek to protect the rights of my bankruptcy clients before filing bankruptcy (when the creditors are calling and harrassing them), during the process of the bankruptcy and after the bankruptcy discharge is entered. This blog follows the original What is Arbitration? wherein we discussed how [...]

Bankruptcy In Florida: What is Arbitration? »

What is Arbitration, and why do I have to worry about it in Bankruptcy Court.   In a series of blogs to follow, we will discuss arbitration provisions and why consumer debtors need to be concerned about these provisions.  Simply put, Arbitration is an alternative dispute resolution mechanism.  Many of the contracts entered into today by [...]

Bankruptcy In Florida: Chapter 13 Two Years After Reform »

Two years ago, Congress presented President Bush with a “new and improved” Bankruptcy Code.  At that time the Bankruptcy Code did not need fixing, Congress did, and in my humble opinion, still does.  For eight years, the credit card companies and the companies that finance automobiles had contributed to the congressional coffers, and they wanted [...]

Bankruptcy In Florida: Chapter 7 Two Years After The Reform »

While pondering the changes in the Bankruptcy code over the last two years, it seem kind of funny how all the naysayers were contemplating the demise of bankruptcy. However, bankruptcy for individuals has survived the 2005 Bankruptcy Reform.
Individuals can still file Chapter 7 bankruptcy, receive a fresh start and get on with their lives. [...]