Blogs

3 years 8 months ago

Section 110 of the United States Bankruptcy Code provides that a non-attorney can assist in the preparation of the bankruptcy petition. However, as an Inkster, Michigan man just learned (the hard way), the Bankruptcy Code places numerous requirements on bankruptcy petition preparers and subjects those who do not comply to substantial penalties.
On Tuesday, February 25, Derrick Hills of Inkster was sentenced by U.S. District Court Judge Sean F. Cox to 46 months in prison after being convicted by a jury in September of five counts of criminal contempt. The contempt proceedings stemmed from repeated violations of orders issued by U.S. Bankruptcy Judge Steven Rhodes from 2007 to 2009. According to a press release issued by the U.S. Attorney's Office following Hills' conviction at trial:

The evidence presented at trial showed that Hills had acted as a bankruptcy petition preparer since 2007, assisting people in filing for bankruptcy. Hills continued to act as a bankruptcy petition preparer despite five bankruptcy court orders issued by Bankruptcy Judge Steven Rhodes, permanently enjoining Hills from doing so for various non-compliance with bankruptcy rules and complications caused by his acting in the capacity of a bankruptcy petition preparer. Hills assisted individuals with consumer debts in preparing and filing their Chapter 7 bankruptcy paperwork. However, his actions went well beyond what was allowed by law and clearly violated Judge Rhodes Orders.

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Tags: Chapter 7, Did you Know?, Eastern District of Michigan


3 years 8 months ago

You Can Protect Most Property You can file bankruptcy and protect a certain amount of personal property. If you are filing a chapter 7 bankruptcy, then you have certain exemption amounts under Illinois law that allows you to protect a certain amount of property. For example, you can protect up to $15,000 worth of equity+ Read MoreThe post Can I protect My Property And Still File Bankruptcy? appeared first on David M. Siegel.


3 years 8 months ago

TruthBeing honest during your bankruptcy can make the filing process easier to complete with increased chances of getting the outcome you want. For many debtors this includes discharge, eliminating or wiping out debt.  You may think things are complete upon being granted a discharge of debts, but if you were not honest during proceedings your […]


3 years 9 months ago

Today-In-Bankruptcy (1)Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for February 27, 2014 Twinkies bankruptcy raises specter of U.S. pension fund failures Renzi under pressure as city of Rome risks bankruptcy Detroit uses stick and carrot to sell bankruptcy plan


3 years 9 months ago

mel-gibson-indagato-per-accuse-di-violenza-domesticaOksana Grigorieva, Mel Gibson’s ex and mother of Gibson’s child, filed Chapter 13 bankruptcy in California.  Grigorieva and Gibson went through an explosive child custody war in which she was awarded hundreds of thousands of dollars.  But recently she claims she has fallen on hard times and only has $10 to her name. According to […]


3 years 7 months ago

On June 27, 2012, the Florida Second District Court of Appeals issued its decision in Geraci v. Ems, 93 So. 3d 384 (Fla. 2nd DCA 2012). The issue before the Court was whether a person's long-term leasehold interest in his condominium could qualify as a "homestead" exempt from forced sale under article X, section 4 of the Florida Constitution.  The lower Court held that it could not qualify as a homestead as it was not a fee simple interest. The Court of Appeals reversed and held that such a condominium may qualify as a homestead.

The Court of Appeals explained that article X, section 4 of the Florida Constitution does not distinguish between the different kinds of ownership interests that are entitled to the homestead exemption against forced sale.  Cutler v. Cutler, 994 So. 2d 341, 344 (Fla. 3d DCA 2008). The Court reviewed that the Florida Supreme Court "has long since adopted the general rule that a fee simple estate is not necessary to this exemption." Bessemer Props., Inc. v. Gamble, 158 Fla. 38, 27 So. 2d 832, 833 (1946).   The Court further stated that any beneficial interest in land" may entitle its owner to the homestead exemption. In determining a homestead, the Court noted that a court must instead focus on the debtor's intent to make the property his homestead and his actual use of the property as his principal and primary residence.

The Court held that when a lessee's interest in a leasehold estate includes the right to use and occupy the premises for a long-term and the lessee uses the property as his principal and exclusive residence, such an interest is entitled to the Florida homestead exemption from forced sale.

(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.


3 years 9 months ago

Drake_Bell_2007Drake Bell, former Nickelodeon child star, filed for Chapter 7 bankruptcy protection after accumulating hundreds of thousands of dollars in debt he claims he is unable to pay. The 26 year old actor claims to owe the Internal Revenue Service (IRS) tens of thousands of dollars while having other outstanding liabilities that over exceeds his […]


3 years 9 months ago

One of the great things that chapter 13 bankruptcy can accomplish is the return of a vehicle that was repossessed. Your vehicle remains your property until such time that it is sold at auction. Thus, until such time that vehicle is actually sold, you still own it and you have the ability to propose a+ Read MoreThe post Can Bankruptcy Stop My Car From Being Repossessed? appeared first on David M. Siegel.


3 years 9 months ago

Today-In-Bankruptcy (1)Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for February 25, 2014 Quiznos Could File Bankruptcy by Monday Making Avenue Capital’s Investment Toast Lengthy bankruptcy looking more likely for Energy Future Suntech Power Holdings Files for Chapter 15 Bankruptcy Protection


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