Recently, Senator Jeff Merkley from Oregon has been speaking very loudly about the need for the current Congress to amend the Bankruptcy Code to allow cramdowns of first mortgages on primary homesteads. If you recall, the same proposal was attempted by Senator Dick Durbin from Illinois back in 2009. This time, Senator Merkley may have [...]
Carmen Dellutri, Southwest Florida Bankruptcy Attorney
As a consumer bankruptcy attorney I get to see trends coming before they become mainstream. Living in Southwest Florida, I get to deal with people from all walks of life. The generation that I find the most interesting is senior citizens. They face other demons besides financial ones. One recent trend that I see in [...]
Today, I am going to add a new chapter to the continuing saga of how your Tax Returns, and more importantly, Tax Refunds, impact your Bankruptcy. I am a firm believer in planning the bankruptcy and the future. Do you remember when you were married. The traditional marriage vows contain the language, in sickness and [...]
As a consumer bankruptcy attorney who has spent the better part of the last 15 years counseling individuals contemplating bankruptcy, I can tell you that one of the things I see on a daily basis is the lack of financial planning from individuals. I don’t want to sound mean or as if I am putting [...]
Reaffirmation agreements have been the source of significant debate since the bankruptcy amendments of 2005. One issue that strikes fear in the hearts of debtor’s counsel is whether to allow a client to reaffirm a mortgage obligation. This is a huge issue because of the real estate market and the uncertainty of the economy. If [...]
Can a judgment creditor seek to garnish funds in the possession of the Chapter 13 Trustee after a Chapter 13 case is dismissed? The answer is yes in Orlando. A recent bankruptcy decision in the Orlando Division of the Middle District of Florida holds that if a Chapter 13 Debtor’s case is dismissed and the [...]
