Blogs
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.
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.
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
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
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.
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
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. 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
Chapter 7 & Foreclosure Filing bankruptcy can go a long way toward saving a home that’s in foreclosure. Each chapter of the bankruptcy code will affect the outcome or the continuation of a foreclosure case differently. Under chapter 7 bankruptcy law, and automatic stay will kick in which will temporarily halt a foreclosure case. In+ Read MoreThe post Bankruptcy And Foreclosure: Can I Save My Home? appeared first on David M. Siegel.
You don’t have to be employed to file Chapter 13 bankruptcy. However, you do need a steady source of income to be able to fund the chapter 13 plan. This income could be Social Security, disability, rental income, investment income, unemployment benefits and other sources of income such as family assistance. There is a misconception+ Read MoreThe post Can I File Chapter 13 Bankruptcy If I Am Unemployed? appeared first on David M. Siegel.
Bankruptcy Courts extremely frown upon the "serial filings" of bankruptcy cases. Serial filings involve the multiple filings of bankruptcies within a short period of time usually by related persons usually to keep stopping foreclosure sales or evictions. In a recent case, the bankruptcy court dealt with a situation where the debtor and her husband had filed five bankruptcy cases to stall the foreclosure of their home.
Upon the motion of the mortgage lender, the Bankruptcy Court dismissed the bankruptcy case so that it could resume its foreclosure case. In addition to just dismissing the case, the court granted the mortgage lender "prospective" stay relief which is also known as in rem relief. This stay relief attaches to the property so that a new bankruptcy filing by the Debtor or any other person will not impose an automatic stay as to the property.
(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
Updated daily, this blog will keep you informed on the latest bankruptcy news! 
Learn more about how Bankruptcy works and what you need to know.