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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
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.
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
Oregon bankruptcy filers inevitably ask whether they ever be able to rebuild their credit scores after their bankruptcy cases are completed. The answer is a resounding yes and it doesn’t need to take seven years. Concerns about credit after bankruptcy can be a real stumbling block for Oregonians who really need to file. They want to finance a house, rent a better apartment or purchase a vehicle, but they think that bankruptcy will only push those dreams even further away than they are now.
The reality is that most people improve credit after bankruptcy. But you have to know how to make that your reality. What you really need to do is stack the deck.
Northwest Debt Relief has partnered with a company called 720 Credit Score to show you, in a step-by-step format, exactly how to do that. This company does not deal in platitudes or useless generalities. What they offer is a solid credit education. A way to understand the mysterious math that makes up your credit score. It doesn’t have to be a secret code! Most debtors who follow the 720 program typically see credit scores of 720 or better within 12 to 24 months of filing a bankruptcy. This might be the best credit score that many Oregonians have had in a long time, if ever, and its AFTER filing a bankruptcy!
We hope this news will inspire Oregon consumers who are on the fence about filing for this reason to stop throwing good money after bad, so to speak, and start the process of debt elimination…if only to get on the path of credit rehabilitation that much sooner.
With 720′s program, you will learn, among other things:
- What a utilization rate is and how it impacts your score
- What type of positive information will overwhelm the credit bureaus and make creditors pay attention to your recent credit history, rather than your past bankruptcy
- What types of accounts you should have on your credit report, and how many
- What balances you should carry on any new cards
- How to remove derogatory items, and how to ensure that your pre-filing debts are being reported correctly after bankruptcy
Good credit not only allows you to do things, it allows you to save money when you do them, through fair and reasonable interest rates. Good credit actually saves you hundreds, if not thousands, of dollars. It is just as important to us that your financial recovery is complete as it is to you. So we searched high and low for a credit rehabilitation program that would actually help clients reach their future financial goals. We truly believe this is it, and that is why we decided to make this program available for our Oregon bankruptcy clients for free.
There is simply no faster way to build credit after a bankruptcy than through Northwest Debt Relief andwww.720CreditScore.com.
Please call Northwest Debt relief today to find out more about the program and to gain access to this amazing tool. You can call 503-860-6868 to schedule your free appointment!
The original post is titled Remember to Rebuild Your Credit Score After You Get Your Bankruptcy Discharge , and it came from Portland Bankruptcy Attorney | Northwest Debt Relief .
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