Articles from Miami Bankruptcy Law Blog

Eligibility to File Chapter 13 Bankruptcy

In order to be eligible to file for Chapter 13 Bankruptcy one must be an individual with "regular income." Corporations, partnerships, estates, and trusts are not eligible to file for Chapter 13.  But individual operating their own business as a sole proprietorship (unincorporated) are generally eligible to file chapter 13 to deal with their personal and business debt.

A husband and wife can file a joint Chapter 13 case. The filing of a joint petition does not automatically result in the substantive consolidation of the two debtors' estates.

Chapter 13 Post-Confirmation Property

In the case of In re Foreman, 378 B.R. 717 (Bkrtcy.S.D.Ga. 2007) a wrongful death claim arose post-petition. The Court held this claim not to be property of estate as it arose post-confirmation and that a debtor has no ongoing duty to disclose assets acquired post-confirmation that are not property of the estate.

Exempt Entireties Property not Subject to 522(p) Limitation

In the case of In re Buonopane, ___ B.R. ____, 2007 WL 247888 (Bkrtcy. M.D. Fla.)Williamson, J.) the Bankruptcy Court for the Middle District of Florida held that the cap imposed by section 522(p) on the state homestead exemption that a debtor can claim in residential property acquired within 1,215 days of the petition date applied only to the Florida homestead exemption that the debtor could claim under 522(b)(3)(A) and not to the separate exemption available under section 522(b)(3)(B) for property held as tenants by the entireties.

"Technical Abandonment" from the Bankruptcy Estate

The recent case of In re Bast, ___ BR ___, 2007 WL 1429481 (Bkrtcy.S.D. Fla.)(Friedman J.) dealt with a motion by a discharged chapter 7 trustee to vacate the final decree and his discharge as trustee about a year after the chapter 7 case was closed as a "no asset case." The motions were filed as part of his efforts to administer an asset for the benefit of creditors. The asset involved was an $82,000 surplus generated by a foreclosure sale of scheduled non-exempt real property after the chapter 7 case was closed.

Bankruptcy Attorney - Motions for Relief from Stay Denied Due to Lack of Evidence of Assignment of Note and Mortgage

(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

Bankruptcy Lawyer - Chapter 7 Discharge of Debt

(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.

Miami Bankruptcy Lawyer - American Securitization Forum - White Paper


(305) 891-4055 - Miami Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases - 1221 Brickell Avenue, 9th Fl., Miami - www.bublicklaw.com

Bankruptcy Lawyer - Chapter 13 Bankruptcy and Chapter 7 Bankruptcy

(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

Chapter 7 personal bankruptcy is used to discharge your dischargeable debt including credit cards, medical bills, and unsecured loans.

Jordan E. Bublick

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.

Miami Bankruptcy Lawyer - "HAMP" Mortgage Modification

Miami Chapter 13 and Chapter 7 Bankruptcy Attorney Jordan E. Bublick has over 25 ears of experience in filing personal bankruptcy cases. Attorney Jordan E. Bublick has filed over 8,000 bankruptcy cases.

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