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Oksana 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 […]
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.
Drake 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 […]
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.
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
There are debtors who feel filing bankruptcy may not be necessary when they are unemployed. But as time goes by, you have been unable to repay debt obligations or you have no assets for creditors to seize. When you gain employment again you may start thinking about your finances with intentions of getting back on […]
Congressman Eugene J. Keogh of New YorkIn 2009, the 11th Circuit Court of Appeals issued its opinion in the case of In re Baker, ___ F.3rd ___, 2009 WL 4912122 (11th Cir. 2009) in which it held that the involved Keogh plan did not have to comply with ERISA in order to be exempt under § 222.21 (2)(a)(1), Florida Statutes. Keogh plan are a type of retirement plan for self-employed persons and small businesses. The Court held that the Florida exemption statute only required that the Keogh plan qualify under section 401 (a) of the Internal Revenue Code (the "IRC") and did not require the further compliance with the provisions of ERISA.
Section 222.21 (2)(a)(1), Florida Statutes generally provides for the exemption of assets payable to or an interest of an owner, participant, or beneficiary in a "fund or account" that is maintained in accordance with a plan that has been preapproved by the IRS as exempt from taxation under section 401 (a), et seq. of the IRC. Section 401 (a) of the IRC provides for the exemption from taxation of certain retirement plans maintained for the benefits of "employees", which includes "a self-employed individual."
The lower courts had held that the Keogh plan was not exempt on a contention that it was not maintained in accordance with the ERISA provisions (29 U.S.C. sections 1001-1461) in addition to having been "preapproved by the Internal Revenue Service" as required by § 222.21(2)(a)(1), Florida Statutes. The lower courts rejected the debtor's argument that § 222.21 (2)(a)(1), Florida Statutes only required the Keogh plan to qualify under section 401 (a) of the Internal Revenue Code and did not require the additional complaince with ERISA. The lower courts based their decision on the case of Raymond B. Yates, M.D., P.C. Profit Sharing Plan v. Hendon, 541 U.S. 1, 124 S.Ct. 1330, 158 L.Ed.2d 40 (2004), which held that the sole shareholder and president of a professional corporation could qualify as a "participant" in an ERISA pension plan as long as the plan cover other employees other than himself or spouse.
The 11th Circuit Court of Appeals reversed the lower courts and held that § 222.21(2)(a)(1) only required the preapproval by the IRS under section 401(a) of the IRC and did not require the additional compliance with ERISA. The court stated that Fla. Stat. § 222.21(2)(b) specifically provides that for the fund to be exempt it need not necessarily be maintained in accordance with a "governing instrument that is covered by any part of [ERISA]...".(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.
Each year roughly 1 million cases are filed in bankruptcy court. During 2012 it was estimated that hundreds of thousands of petitions filed included foreclosure, but this wasn’t the prime reason why many filed. A recent study took a look at why many cases were filed that year, with some surprising results. While many households […]
I read over the weekend about Capital One Credit Card's new contract with cardholders. Capital One has added a creep factor to their slogan, "What's in your wallet". The new card holder agreement provides that they can personally visit you at your home and at work. Imagine missing a payment and having a knock on the door from a Capital One representative. They are probably going to want to know what is in your wallet. Bankruptcy does a great job of eliminating debt from credit card companies. However, more and more cards are taking a security interest in the property you purchase from certain stores. For example credit card agreements can take a security interest in anything you buy from Best Buy, Big Lots, Furniture stores, Neiman Marcus, or Saks? Technically, your clothes are in danger if you have a Saks "retail" card. I have the most fun with credit companies expressing a security interest with my clients' mattresses. They call requests whether my client's are willing to reaffirm the debt. I laugh because a used mattress has virtually no value. I am waiting for one of these companies to come to my client's house to repo the mattress. Here is an example of a typical agreement with a credit company taking a security interest in a personal good: Except as noted below, you grant us a security interest (which we may or may not perfect) in the following items financed using your Account:• any goods you buy with your Card; and
• any proceeds you get from the following:
a) insurance contracts, and returned premiums: and/or
b) mechanical failures and/or
c) extended service contracts. Each good you buy using your Account:
• secures your entire Account balance until that good is paid in full; and
• may be taken from you if you do not pay on time.Thus, while bankruptcy will discharge the debt, a credit card company may still have security interest in the item you purchased. You just may have to surrender the mattress you bought three years ago.
The ultimate goal of your chapter 7 or 13 bankruptcy is receiving a discharge from the court. In a chapter 7 bankruptcy this occurs after your paperwork is filed, the meeting of creditors is held, the time period has passed for any creditors to object to a discharge, and you have completed your required financial education course. The post Bankrupcty Discharge appeared first on Tucson Bankruptcy Attorney.
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