Articles from Miami Bankruptcy Law Blog

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Chapter 13 Bankruptcy Discharge

Submitted by Anonymous (not verified) on Fri, 06/19/2015 - 23:00

The discharge of debt in a chapter 13 case is granted after a person completes performance under his chapter 13 plan. Chapter 13 plan are generally three to five years in length.

Action Against Medical Debt Collector

Submitted by Anonymous (not verified) on Fri, 06/19/2015 - 04:14

The federal Consumer Financial Protection Bureau (the "CFPB") announced today that it has taken action against a medical debt collection company in regard to the manner it handled consumer credit reporting disputes and consumer debt collection rights.

Personal Bankruptcy in Florida

Submitted by Anonymous (not verified) on Fri, 06/19/2015 - 02:05

What types of bankruptcy are available?

The Means Test: "Household" Size and Contributions

Submitted by Anonymous (not verified) on Fri, 06/19/2015 - 01:25

Miami Personal 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

Early Bankruptcy Laws in the United States

Submitted by Anonymous (not verified) on Thu, 06/18/2015 - 03:36

Colonial Bankruptcy Laws
In the American colonial era, many of the states had bankruptcy and insolvency laws. Imprisonment for debt was commonplace.

Bankruptcy Act of 1800

The Bankruptcy Automatic Stay

Submitted by Anonymous (not verified) on Wed, 06/17/2015 - 22:03

With certain exceptions, the filing of a bankruptcy petition immediately and automatically puts into place a court order of a stay of collection action applicable to all entities against actions by creditors against the person who filed for bankruptcy relief as well as his property. The bankruptcy stay remain in effect until it is terminated by the bankruptcy court or as otherwise provided by the Bankruptcy Code.

Chapter 13 Co-Debtor Stay
In a chapter 13 case, the automatic stay is also effective against a person who is a co-signer on consumer debt.

Chapter 13 Bankruptcy

Submitted by Anonymous (not verified) on Wed, 06/17/2015 - 02:30

Chapter 13 bankruptcy is described as "Adjustment of Debts of an Individual with Regular Income" in the Bankruptcy Code. Although it is not referred to as a "reorganization" as is chapter 11, it is actually quite similar to chapter 11.

Bankruptcy Creditors' Meeting

Submitted by Anonymous (not verified) on Tue, 06/16/2015 - 15:07

In a chapter 7 or 13 bankruptcy case, a "creditors' meeting" is held three to seven weeks after the case is filed. The bankruptcy code requires this meeting to be held.  Although called a "creditors' meeting," in most cases no creditors attend.

A chapter 7 creditors' meeting is usually presided over by the chapter 7 trustee and a chapter 13 creditors' meeting by the standing chapter 13 trustee. The debtor is required to attend to creditors' meeting unless there are special circumstances to excuse attendance.

Differences in Lien Stripping between Chapter 7 and 13

Submitted by Anonymous (not verified) on Tue, 06/16/2015 - 01:18

In a much awaited decision, the United States Supreme Court  ruled in favor of Bank of America and held that "underwater" mortgages are not avoidable in a chapter 7 liquidation case. Noteably, the ruling did not involve a chapter 13 situation.

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