Your Bankruptcy Attorney & You

06 Feb Unsettled Question: Another Court Rules That Bankruptcy Client Worksheets Are Privileged

An unsettled, and even unsettling, question for bankruptcy lawyers and debtors alike is whether client worksheets can be examined by the other side in a contested bankruptcy court hearing.  Does the attorney-client privilege protect such documents from being seen by hostile creditor attorneys? A bankruptcy lawyer...

Read More

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.
Read More

30 Sep Attorney-Client Privilege Doesn’t Apply in Chapter 7, Florida Bankruptcy Court Rules

A Florida bankruptcy court ruling just made it harder for a debtor to claim that the things she tells her bankruptcy lawyer are protected by the attorney-client privilege. In re Smith Cutuli, No. 11-35256-BKC-AJC (Bky.S.D.Fla. Sept. 13, 2013), held that upon the filing of a...

Read More

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.
Read More