Articles from Miami Bankruptcy Law Blog

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Filing for Bankruptcy Relief

Submitted by Anonymous (not verified) on Mon, 06/29/2015 - 18:25

only file bankruptcy if beneficialFiling for bankruptcy is actually a very serious step and, unless properly approached, may lead to unfortunate consequences. Bankruptcy should only be filed when appropriate.

Transfers Before a Bankruptcy

Submitted by Anonymous (not verified) on Sat, 06/27/2015 - 01:29

There are several provisions that address transfers before a bankruptcy case - federal bankruptcy statutes, state statutes, and state common law. Transfers that violate these rules are subject to avoidance and the involved parties may face other serious penalties.

"Underwater" Mortgages Still Avoidable in Chapter 13

Submitted by Anonymous (not verified) on Wed, 06/24/2015 - 18:40

The avoidance or "lien stripping" of "underwater" second or other junior liens has been much in the news lately since the U.S. Supreme Court's ruling in the Bank of America cases. The Court held that wholly underwater second or other junior mortgages are not avoidable in a chapter 7 bankruptcy case.

Correcting Your Credit Report:

Submitted by Anonymous (not verified) on Wed, 06/24/2015 - 02:57


The federal Fair Credit Reporting Act (FCRA) provides a consumer with certain rights regarding his file in the credit bureau. The FCRA was enacted to promote the accuracy, fairness, and privacy of information in the files of a credit bureau.

Saving Your Home from Foreclosure under Chapter 13 Bankruptcy

Submitted by Anonymous (not verified) on Mon, 06/22/2015 - 20:00

Chapter 13 bankruptcy is often used to save a person's home or investment property  from foreclosure.

Options for the Distressed Florida Homeowner

Submitted by Anonymous (not verified) on Mon, 06/22/2015 - 19:39

Summary

Chapter 13 Bankruptcy Plan

Submitted by Anonymous (not verified) on Sun, 06/21/2015 - 23:12

The bankruptcy code requires a chapter 13 debtor to file a chapter 13 plan. The chapter 13 debtor has the exclusive right to file a plan as chapter 13 is a voluntary proceeding. If the debtor fails to file a plan, the case may be dismissed or converted to chapter 7.

Credit Counseling Prior to Bankruptcy

Submitted by Anonymous (not verified) on Sun, 06/21/2015 - 17:48

The bankruptcy code requires that an individual seeking to file for bankruptcy relief must take a certain approve credit counseling course during the 180 days prior to the filing of the case.

Student Loans

Submitted by Anonymous (not verified) on Sat, 06/20/2015 - 18:42

Experts state that by early 2013, the amount of student loan debt in the United States surpassed $1 trillion and that nearly 20% of Americans households owe on student loans.

Cancellation or Rescission

Submitted by Anonymous (not verified) on Sat, 06/20/2015 - 00:44

Cancellation or rescission generally refers to a process by which a court terminates or cancels a contract or other instrument.

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