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(305) 891-4055 - Miami Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com
The Bankruptcy Court of the Middle District of Florida denied without prejudice two motions for relief from stay in the case of In re Murphy, Case No. 07-04213-TBC (Bankr.M.D.Fla. February 12, 2008)(Funk, J.) In this case, Aurora Loan Services, LLC ("Aurora") filed motions for relief from stay with respect to certain notes and mortgages on two parcels of real property. In the motions, Aurora asserted that it held the respective notes and mortgages. However, attached to each motion was a copy of a note and mortgage identifying other entities as the lenders. The affidavits attached to each motion identified Aurora as the owner and holder of the note.
The chapter 7 trustee objected to both motions and argued that Aurora had not established that it was the owner or holder of the instruments. At the hearing, Aurora did not offer any further evidence establishing a connection between it and the entity set forth in the notes and mortgages.
The court held that when challenged by an interested party, the movant must provide evidence that it is "the owner or holder of the Note and Mortgage and has standing to and a legal basis for requesting relief from the automatic stay." See In re Schwartz, 366 B.R. 265 (Bankr.D.Mass.2007), In re Maisel, 378 B.R. 19 (Bankr.D.Mass.2007), In re Foreclosure Cases, 2007 U.S.Dist.Lexis 84569 (N.D.Ohio 2007).(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. Bankruptcy Attorney Jordan E. Bublick has filed over 8,000 Chapter 13 and Chapter 7 cases.
If you are concerned about the possibility of losing an asset, then you may want to review options on how to protect them legally prior to filing bankruptcy. Most debtors who file either chapter (Chapter 7 or Chapter 13 bankruptcy) have been able to keep their property after getting a better understanding of how to [...]
Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for December 10, 2013 A Silver Lining In Detroit’s Bankruptcy Bus bankruptcy bedevils school districts American Airlines emerges from bankruptcy as new No. 1 as it completes US Airways merger
Consumers who find themselves in a bind may consider getting a payday loan or cash advance against their next paycheck. There are local locations in which you may apply for a payday loan in person and get the cash you need right away to take care of important expenses. Then you have online lenders that [...]
Understanding Your Bankruptcy Filing: Schedules G, H, I, and J
In our last several blog posts, we have covered the types of information that are needed when you file your bankruptcy petition. We discuss the final schedules included in your petition in this article.
The post Understanding Schedules G, H, I and J in Bankruptcy appeared first on Tucson Bankruptcy Attorney.
Understanding Your Bankruptcy Filing: Schedules G, H, I, and J
In our last several blog posts, we have covered the types of information that are needed when you file your bankruptcy petition. We discuss the final schedules included in your petition in this article.
If you are wondering if bankruptcy is the right option for your finances, it may help to review how filing has helped millions deal with their finances. There are advantages to filing that has helped debtors get back on track and gain financial freedom to move forward with their lives. The following points may include [...]
This is the case of Willie Banister from Chicago, Illinois who was appearing for a Chapter 13 bankruptcy consultation. Mr. Banister has never filed a bankruptcy before. He is not a homeowner. He is renting on a month to month lease from a landlord in Chicago. He does not own a motor vehicle. In terms+ Read MoreThe post Repay Parking Tickets Over A Five Year Period appeared first on David M. Siegel.
This is the case of Willie Banister from Chicago, Illinois who was appearing for a Chapter 13 bankruptcy consultation. Mr. Banister has never filed a bankruptcy before. He is not a homeowner. He is renting on a month to month lease from a landlord in Chicago. He does not own a motor vehicle. In terms+ Read MoreThe post Chapter 13 Bankruptcy Helps Pay Off Parking Tickets appeared first on David M. Siegel.
(305) 891-4055 - Over 25 Years of Experience - Over 8,000 Cases Filed - 1221 Brickell Ave., 9th Fl., Miami, Florida - Jordan E. Bublick - www.bublicklaw.com
You will normally receive your Chapter 7Discharge Order about 3 to 4 months after the creditor's meeting. This Order renders unenforceable all debts other than those specifically excepted by law. It also enjoins creditors from attempt to collect on debts that are discharged.
Exceptions from Discharge
In general, items not dischargeable in bankruptcy include the following:
- Student loans and educational benefit overpayments if they are made, insured, or guaranteed by the government or funded under a program funded in whole or in part by the government or a nonprofit institution unless you can show an "undue hardship". The same rule applies to obligations to repay funds received as an educational benefit, scholarship, or stipend.
- Certain taxes and debts incurred to pay certain taxesCreditors not listed in the bankruptcy case or not otherwise notified about the case
- Debts for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny,
- Debts to spouse, former spouse, or child for alimony, maintenance, or support and obligations of a similar nature
- Damages for willful and malicious injury to another or another's property.
- Certain governmental fines and penalties
- Debts arising from drunk driving
- Debts for money, property, services, or for credit obtained by false pretenses, false representation, or actual fraud (This includes credit card charges, cash advance, etc. made without the intent to repay).
- Debts for money, property, services, or for credit obtained by use of a written statement that was materially false concerning your financial condition if the creditor reasonably relied on it that was used with the intent to deceive
(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. Bankruptcy Attorney Jordan E. Bublick has filed over 8,000 Chapter 13 and Chapter 7 cases.
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