Articles from The Florida Bankruptcy Law Blog

Primary tabs

Business Bankruptcy Location: Where Can A Business File?

Submitted by Anonymous (not verified) on Mon, 08/06/2012 - 18:27

Where may a business file bankruptcy? The president of a small family business based in Georgia called me to ask whether his business could file a Chapter 11 bankruptcy in Florida. The business was a Georgia corporation with offices in...

Does Pre-Bankruptcy Planning Permit Transfer Of Car Title To Spouse

Submitted by Anonymous (not verified) on Mon, 07/23/2012 - 16:02

Bankruptcy debtors use their $4,000 wildcard exemptions most often to protect cars. The debtor can apply the wildcard only to cars in the debtor's name. For example, if a married couple is considering Chapter 7 bankruptcy and both of the...

Chapter 13 Bankruptcy Strips Second Mortgage Notwithstanding Prior Chapter 7 Discharge: Court Holds

Submitted by Anonymous (not verified) on Tue, 07/17/2012 - 16:18

Chapter 13 bankruptcy offers debtors the opportunity to strip off a wholly unsecured second mortgage on their primary residence. Most courts have held that debtor’s mortgage is stripped from his house when he completes the Chapter 13 plan and gets...

Homestead Exemption For Chapter 7 Clients' Motor Home

Submitted by Anonymous (not verified) on Thu, 07/12/2012 - 16:08

One of my Chapter 7 clients has an interesting living situation. The couple sold their home when the husband retired and purchased a motor home. The motor home which can park on a rental lot and hook up to utilities....

Car Purchased For Another Family Member Still Included In Bankruptcy Estate

Submitted by Anonymous (not verified) on Thu, 07/05/2012 - 17:10

People often buy cars for their children or for an elderly parent. When they do so, some of these people put their own names on the car title to get lower insurance rates or to reflect their own contribution to...

Homestead Can Be At Risk To Investors When Chapter 7 Debtor Chooses Wildcard Exemption

Submitted by Anonymous (not verified) on Thu, 06/28/2012 - 16:29

Real estate investors and some bankruptcy trustees are looking for ways to make money off your upside down homestead. Many Chapter 7 debtors with upside down homesteads do not utilize their homestead exemption on their bankruptcy petition because there is...