Blogs

4 years 4 months ago

Filing of the Case - Automatic Stay Upon the filing of your bankruptcy case, you are immediately protected from most collection actions against you and your property. The automatic stay is an injunction against thereditors from proceeding wit heir collection actions.
Creditors MeetingAbout 6 weeks after the bankruptcy case is filed, a "creditors' meeting" (34l meeting) is held. This is normally just a short meeting among you, your bankruptcy lawyer, the bankruptcy trustee, and any creditors who choose to attend.  In most cases, no creditors bother to attend. 

Length of Chapter 13 Plan Chapter 13 plan are usually for a period of 3 to 5 years. This length of the plan depends on various facts, including, whether your income is below or above median income, the amount of your non-exempt property, and what you are trying to achieve in chapter 13 plan.

Discharge OrderAfter you complete your chapter 13 plan, the trustee will issue a report of your plan completion. Shortly thereafter, your chapter 13 discharge will be entered and your case closed.Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055


4 years 4 months ago

Setting aside the issue of actually discharging student loan debts in bankruptcy, many Oregon and Washington prospective bankruptcy filers wonder what exactly is going to happen to their student loans after the bankruptcy has been filed. The answer really depends on what kind of bankruptcy has been filed and the form of the student loan.
If you have Federal student loans, nothing really happens during the bankruptcy. Pursuant to the Higher Education Act, FSLs are placed into a sort of bankruptcy forbearance.  This is to say that all collection activity must end. You won’t get any monthly statements, calls or any other reminder that your payment is due. The benefit of not having to make a student loan payment for either a three month period during a Chapter 7 Bankruptcy or as much as five years during a Chapter 13 Bankruptcy is huge. It is going to outweigh the negatives for just about everyone, especially Oregon and Washington consumers who are barely getting by, often facing harassment, judgments and garnishment as they struggle with student loan burdens.
If you have a co-signer on your student loan who is struggling along with you to make the payments, the filing of a Chapter 13 Bankruptcy will be helpful. Upon the filing of a Chapter 13 Bankruptcy, the co-debtor stay provisions bar the lender from going after the non-filing borrower during the three to five year pendency of the Chapter 13 Bankruptcy case.  Your Chapter 13 Bankruptcy may provide your co-signer the same relief that you need with respect to your student loan.
Here’s the downside. First if you are in the midst of rehabilitating a federal student loan default, once you you file bankruptcy,  your payments may no longer be accepted and you will have to renew your efforts to rehabilitate the loan at the close of your bankruptcy.
Private student loans present much greater problems in bankruptcy. Many PSL notes contain a bankruptcy default provisions. This means if you file bankruptcy, your loan defaults. For many filers this is no big deal. After all you probably were already in default. However, if you have a co-signer this is a big deal because if the loan contains bankruptcy default provisions, the filing defaults the loan, even if the non-filing co-signer was making all the payments on time.
Our firm will be expanding our practice areas to beyond bankruptcy and debt defense in July to include a focus on Student Loan law. Our aim is to help Washington and Oregon consumers cope with their student loan burdens.  We look forward to the challenge.
The original post is titled Student Loans and Bankruptcy , and it came from Portland Bankruptcy Attorney | Northwest Debt Relief .


4 years 4 months ago

Quit Title Action Dismissed A recent case dealt with the issue of whether a mortgage lender is bared from foreclosing on property due to the passage of more than five years since the first payment default due to the Florida statute of limitation and also whether the dismissal of a first foreclosure action with or without prejudice bars a second case for foreclosure? Although the facts and ruling  in each case may be different, the federal District Court's held in 2013 in the case of Kaan v. Wells Fargo Bank, N.A., 2013 WL 5944075 (SD Fla. 2013) that such a second foreclosure action is not bared if the second foreclosure action is based on payment default different than those in the first foreclosure case and the new defaulted payments are within five years at the time of the filing of the second foreclosure action. The Court in Kaan based its ruling on the Florida Supreme Court's ruling in Singleton v. Greymar Assoc., 882 So. 2d 1004 (Fla. 2004).

The Court in Kaan dismissed the homeowner's quiet title action pursuant to Fed. R. Civ. Pro. 12(b)(6), holding that in this case, as a "matter of law", the homeowner could not state a claim based on plausible facts "actual, apparent, or potential", that his title to the land was at issue or showing that a cloud on the title to his home existed.  The Court held that the homeowner could not state such a claim as despite the dismissal of the first foreclosure action, as the mortgage note and mortgage remained a valid and enforceable lien against the homeowner's property. The Court further stated that even if the statute of limitations barred foreclosure based on certain payment defaults, the mortgage lien would still be enforceable and a foreclosure action could be pursued based on breaches  or defaults in duties other than the payment requirements.(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications


4 years 4 months ago

Quiet Title Action Dismissed A recent case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of the foreclosure case and more than five years has passed from the date of the first default in mortgage payments.  The homeowner argued that the five year Florida statute of limitations applied to render the mortgage no longer enforceable.

In agreement  with a number of recent decisions,  the District Court in the case of Kaan v. Wells Fargo Bank, N.A., 2013 WL 5944075 (SD Fla. 2013) held  that after the dismissal of a foreclosure case, with or without prejudice,  a mortgage remains a valid and enforceable lien on the property and a lender is not barredfrom filing a second foreclosure action if the second foreclosure action is based on payment defaults different from and subsequent to those that formed the basis for the first  foreclosure case. As have other courts recently, the Court based its ruling on the Florida Supreme Court's decision in Singleton v. Greymar Assoc., 882 So. 2d 1004 (Fla. 2004).

The Court dismissed the homeowner's "quiet title" action in which he sought to obtain a court order determining that the mortgage was no longer enforceable after the dismissal of the foreclosure case as more than the fiver year period had passed. The Court dismissed the homeowner's quiet title action pursuant to Fed. R. Civ. Pro. 12(b)(6), holding that as a "matter of law," the homeowner could not state a claim based on plausible facts "actual, apparent, or potential", that his title to the land was at issue or show that a cloud on the title to his home existed as despite the dismissal of the foreclosure case and the passage of five years since his first default in payment, the mortgage note remained valid and the mortgage remained  a valid and enforceable lien against the property.Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055


4 years 4 months ago

Not An Easy Decision To File Bankruptcy For many people filing bankruptcy is not an easy decision. Even though people struggle with debt for years and years, they are reluctant to actually pull the trigger on a bankruptcy filing. It could be due to pride. It could be due to the uncertainty of life after+ Read MoreThe post To File Bankruptcy Or To Not File Bankruptcy? appeared first on David M. Siegel.


4 years 4 months ago

Most Bankruptcy Lawyers Accept Payment Plans Most bankruptcy lawyers accept payment plans because they know that clients are struggling financially. Bankruptcy attorneys understand that clients are overwhelmed with debt. It is only when one stops paying minimum payments on credit cards, medical bills, personal loans and other debts whereby he or she will be able+ Read MoreThe post Do Most Bankruptcy Lawyers Accept Payment Plans? appeared first on David M. Siegel.


4 years 4 months ago

Florida Statutes section 440.02 provides for the exemption of worker's compensation claims. It provides for the exemption of "compensation or benefits due or payable" under Florida Statutes, Chapter 440.  Courts have held that this exemption for worker's compensation benefits applies whether the benefits are compensate for lost wages or for present or future medical expenses. This exemption though does not apply to creditors with claims based on child support or alimony.

The Florida Supreme Court held worker's compensation benefits deposited into a bank account remain exempt  "so long as the funds are traceable to the workers' compensation benefits." Broward v. Jacksonville Medical Center, 690 So. 2nd 589 (Fla. 1997).

(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications


4 years 4 months ago

Florida Statutes section 440.02 provides for the exemption of worker's compensation claims. It provides for the exemption of "compensation or benefits due or payable" under Florida Statutes, Chapter 440.  Courts have held that this exemption for worker's compensation benefits applies whether the benefits are compensate for lost wages or for present or future medical expenses. This exemption though does not apply to creditors with claims based on child support or alimony.

The Florida Supreme Court held worker's compensation benefits deposited into a bank account remain exempt  "so long as the funds are traceable to the workers' compensation benefits." Broward v. Jacksonville Medical Center, 690 So. 2nd 589 (Fla. 1997).

Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055


4 years 4 months ago

In every Chapter 7 bankruptcy case, there is a Trustee appointment by the court to oversee the administration of your case. In most cases, there are no assets to be administered. However, the Trustee still needs to do an investigation to make certain. The investigation typically involves him asking several questions at the 341 meeting+ Read MoreThe post Bankruptcy Trustee Searches For Assets appeared first on David M. Siegel.


4 years 4 months ago

Jordan E. Bublick, 1221 Brickell Ave., 9th Fl., Miami, Florida 

Florida Statutes provide for certain limited exemptions of life insurance as to (1) cash surrender value and (2) proceeds upon death.

Cash Surrender Value Exemption

Section 222.14 of the Florida Statutes provides that the "cash surrender value" of life insurance "issued" upon the lives of citizens or resident of Florida is exempt from the claims of creditors of the person whose life is so insured (some courts hold insured must also be the owner of policy)

  • creditors of the beneficiary
  • unless the policy was effected for the creditor's benefit.

Florida courts broadly construe the required nature of the "form" of the "cash surrender value" to include any cash value that may be obtained either by means of negotiation or pursuant to an agreement for surrendering the policy.

Proceeds of Life Insurance Exemption

Florida Statutes section 222.13 provides for the exemption of the proceeds of life insurance from the creditors of the "insured" upon the death of a person residing in Florida. Courts hold that this statute provides for the exemption from the claims of creditors of the insured but not from the claims of the creditors of the beneficiary. This means that the proceeds are available to the claims of the beneficiary's creditors. (305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications


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