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Both prospective and current clients often times ask similar questions. In an attempt to answer some of the most frequent asked questions that are asked of our firm, we are creating this article to help answer so of those so frequently asked questions. Some of the most commonly asked questions specific to a case require legal advice and therefore will not be listed here. For legal advice on your specific situation you should contact our office for a consultation. Below are general answers and therefore may not apply directly to your scenario. Q: How much is this going to cost me? Can I make payments on fees?A: Not shockingly, the answer is it depends. It depends on what type of case it is and more importantly and whether the matters are contested or simply being run through the court as a matter of procedure and finality. Q: What information is needed in order to file a dissolution or modification?A: Personal information such as name, address, contact information, social security number, financial information, personal information for any parties to be involved in the matter. For modifications we will also need the original judgment as well as any other modifications. For modifications, change is circumstance or substantial and continuous change may be required to be shown to the court so documentation to support such change will likely be necessary. Q: Can’t my attorney get me everything that I want in my divorce or modification case? If I get a good lawyer I will get everything right?A: Not necessarily. Likely in your initial meeting with the attorney, they will go over what your expectations and goals are in the case and what ultimate outcome you are seeking. They will likely also go over which of these expectations are reasonable and which may need some further consideration. For example, you are getting divorced and your husband has had no allegations of abuse and no other reason that the court would find him to be unfit. You want sole physical and legal custody with only supervised visits with father. This is likely an unreasonable expectation. Your attorney will hopefully help guide your expectations into more reasonable and likely outcomes. Remember that the court looks at the best interests of the children. It is unlikely that the best interest of the children is to have only limited and supervised visits with a father whom has shown no signs of abuse or other harmful behavior.
It is getting towards the time of the year when people start thinking about how much money they might receive for their tax refunds early next year. If a potential debtor is thinking about this, then a Chapter 7 or Chapter 13 Trustee will also likely be thinking about it. […]
It is getting towards the time of the year when people start thinking about how much money they might receive for their tax refunds early next year. If a potential debtor is thinking about this, then a Chapter 7 or Chapter 13 Trustee will also likely be thinking about it. […]
If you have spoken to anyone before about bankruptcy, they probably told you that they received a “discharge” of their debts. I have noticed when I am meeting with clients for the first time and I let them know they are eligible for a discharge, often I get a look […]
If you have spoken to anyone before about bankruptcy, they probably told you that they received a “discharge” of their debts. I have noticed when I am meeting with clients for the first time and I let them know they are eligible for a discharge, often I get a look […]
Miami Bankruptcy Lawyer - Chapter 13 and 7 Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. Office: 1221 Brickell Ave., 9th Fl., Miami, Florida. Tel.: (305) 891-4055. www.bublicklaw.com
Florida Statutes provide for certain limited exemptions of life insurance.
Cash Surrender Value
Florida Statutes section 222.14 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. One court held that this exemption applied to a certificate of deposit purchased with the cash surrender proceeds of the life insurance policy.
This statutory exemption is subject to disallowance if created by the conversion of non-exempt funds into exempt assets in contravention of Florida Statute sections 222.29 and 222.30.
Proceeds of Life Insurance - Exempt from Claims of Insured but Not Claims of Beneficiary
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 Personal Bankruptcy Lawyer with over 25 years of experience in filing chapter 13 and chapter 7 bankruptcies. Miami Personal Bankruptcy Lawyer Jordan E. Bublick has filed over 8,000 chapter 13 and chapter 7 cases.
With $1 trillion in outstanding student loans, the landscape is looking just like the mortgage mess that brought down the economy.
Take a report to Congress from the Consumer Financial Protection Bureau and add research from the Federal Reserve Bank of St. Louis showing a stunning growth in student loans.
Combine together and add a dose of securitization and a stagnant job market for college graduates.
Now you’ve got a powder keg just waiting to explode, wrecking the economy.
Student loans threaten the financial future of younger Americans. At the same time, a college degree in unattainable for most without student loans.
Is there a better way?
What’s working with student loans, and what’s not?
What can be done?
The St. Louis Fed is holding a half-day symposium to explore the reality and future of student loans on Monday, November 18, 2013.
The keynote speaker will be Rohit Chopra, who oversees student loans on behalf of the Consumer Financial Protection Bureau in his role as assistant director and student loan ombudsman.
A nominal cost of $50 per participant ($15 for students) is required for attendance. Early registration is encouraged as space is limited, and advance registration is required by Wednesday, Nov. 13, 2013. Registration includes lunch and a reception.
Presented by the Center for Household Financial Stability at the Federal Reserve Bank of St. Louis, in partnership with the Center for Social Development at Washington University in St. Louis.
If you’re in the St. Louis area, consider going down and letting your voice be heard. Click here for details.
Earl Simmons, aka hip hop rapper DMX, filed for Chapter 11 bankruptcy protection back in July of this year. But it seems that actions related to his filing are now being questioned by federal authorities. Along with a new lawsuit against the rapper, his legal team has their hands full in trying to get the [...]
Bankruptcy Lawyer - Chapter 13 Bankruptcy Lawyer Jordan E. Bublick has an office in Miami and has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is located in Miami at 1221 Brickell Ave., 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com
An "exemption" in Florida is a right or privilege provided by law to allow a person to retain certain property free from judicial seizure by his creditors. The purpose of exemption laws is to prevent a person from falling into destitution and to allow a person to maintain a means of earning a livelihood. Exemption law though are intended for the "honest debtor" so the law does not apply them to make them instruments of fraud on creditors.
Florida statutes section 222.29 provides that an exemption provided by chapter 222, which provides many of Florida's statutory exemptions, is not effective it is results from a fraudulent transfer or conveyance as provided in chapter 726 of Florida statutes.
Florida statutes section 222.30 provides for various avenues of relief for a creditor against a debtor who has made a "fraudulent asset conversion". A fraudulent asset conversion is generally any change or disposition of an asset so that proceeds of the asset become immune or exempt from claims of a person's creditors and the proceeds of the assets remain the person's property. The conversion is a fraudulent asset conversion as to a creditor whether the creditor's claim arose before or after the conversion if it was done with the intent to hinder, delay, or defraud the creditor.
In the event of a fraudulent asset conversion, a creditor may generally avoid the fraudulent asset conversion, obtain an attachment or other provisional remedy necessary to satisfy its claim, obtain an injunction against further conversion, or execute on the asset converted or its proceeds. against further conversion by the debtor of the asset or of other property. A cause of action for a fraudulent asset conversion must be brought within 4 years after the fraudulent asset conversion was made.
If an asset is converted into an exempt asset and the converted asset is subsequently transferred to another party, the provisions of chapter 726 apply to the transfer to the other party.Jordan E. Bublick is a Miami Personal Bankruptcy Lawyer with over 25 years of experience in filing chapter 13 and chapter 7 bankruptcies. Miami Personal Bankruptcy Lawyer Jordan E. Bublick has filed over 8,000 chapter 13 and chapter 7 cases.
Eight Catholic Dioceses have Filed For Bankruptcy Protection In 2002, the Catholic diocese in Boston faced an enormous sex abuse scandal, during which its clergy were accused of countless instances of abuse. The allegations have forced the diocese into bankruptcy. Through the bankruptcy process, we have learned about the sheer number of allegations against the […]The post Approximately 550 Claims Filed Against Archdiocese in Milwaukee Bankruptcy appeared first on Tucson Bankruptcy Attorney.
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