Articles from Miami Bankruptcy Law Blog

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Debtors Pass Means Test But Case Dismissed Based on the Totality of Circumstances of the Debtors' Financial Situation

Submitted by Anonymous (not verified) on Thu, 10/03/2013 - 00:15

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

Choice of Law and the Allowance of Bankruptcy Claims

Submitted by Anonymous (not verified) on Thu, 10/03/2013 - 00:01

In the case of In re Hionas, ___ B.R. ___, 2006 WL 3913760 (Bkrtcy.S.D.Fla.)(Isicoff J.) the Bankruptcy Court denied a casino's motion for summary judgment in its adversary proceeding to determine an alleged gambling debt nondischargeable. The decision also provides a review of the rules of choice of law in the 11th Circuit in the context of the allowance of a claim in a bankruptcy case.

Options for Distressed South Florida Homeowners

Submitted by Anonymous (not verified) on Wed, 10/02/2013 - 18:21

Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases.

Florida's Third DCA Allows MERS Standing to Foreclose

Submitted by Anonymous (not verified) on Wed, 10/02/2013 - 00:38

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

Debtor Allowed to Claim New $4,000 Section 222.25(4) Personal Property Exemption if Abandons Homestead and Does Not Claim as Exempt

Submitted by Anonymous (not verified) on Wed, 10/02/2013 - 00:15

Chapter 13 and Chapter 7 Bankrutcy Law - 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

Postjudgment Interest Due on Prejudgment Interest

Submitted by Anonymous (not verified) on Thu, 09/26/2013 - 19:16

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


Mortgage Escrow Account Deficiencies Held Waived Due to Lack of Notice to Debtor During Chapter 13 Case

Submitted by Anonymous (not verified) on Sun, 09/15/2013 - 16:27

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

Unconfirmed Arbitration Award is "Debt Due" Subject to Garnishment

Submitted by Anonymous (not verified) on Tue, 09/10/2013 - 21:22

The Florida Third District Court of Appeals issued its decision in Capital Factors, Inc. v. Alba Rent-a-Car, Inc., et al., 32 Fla.L.Weekly D21070 (Fla. 3rd. DCA 2007) and held that an unconfirmed arbitration award qualifies as a "debt due" by the garnishee subject to garnishment under Section, 77.01, Florida Statutes. The Court held that an arbitration award does not require judicial confirmation to be collectible by garnishment.

No Constitutional Right to Counsel for Chapter 7 Debtor

Submitted by Anonymous (not verified) on Wed, 08/21/2013 - 20:17

In the case of In re Eagle, ___ F.3d ___, 2007 WL 2278902 (C.A.8(Ark.)), the court held that under the circumstances the Chapter 7 Debtor did not have a constitutional right to counsel. The Debtor had filed a pro se Chapter 7 case. As the Debtor failed to file the necessary schedules and statements, the court dismissed his case. The court granted the Debtor's motion to reinstate his case and advised the Debtor to obtain counsel. In subsequent proceedings, the court sustained a Creditor's exemption objection.

Exempt Property Not Excluded in Calculating Insolvency Exception

Submitted by Anonymous (not verified) on Tue, 08/20/2013 - 22:11

The case of Quartemont v. Commissioner, T.C. Summary Opinion 2007-19 (Jacobs, J.) illustrates the tax consequences of the settlement of debt at less than the full amount and specifically addresses the calculation of "insolvency" for the insolvency exception to the discharge of indebtedness income provision of the Internal Revenue Code. 26 U.S.C. 108. In this case, the taxpayers negotiated with their credit card companies to pay a lesser amount than what was owed instead of filing for bankruptcy relief.

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