Articles from Miami Bankruptcy Law Blog

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In Rem Relief Granted Against Serial Filers

Submitted by Anonymous (not verified) on Mon, 08/19/2013 - 17:55

In the case of In re Selinsky, 365 B.R. 260 (Bkrtcy.S.D.Fla.2007)(Ray, J.), the court dealt with a situation of five serial bankruptcy filings by the Debtor and her husband to stall a foreclosure of their real property. The mortgagee's motion for relief from the automatic stay case before the court.

Denial of Motion to Revoke Technical Abandonment

Submitted by Anonymous (not verified) on Sat, 08/17/2013 - 20:00

In the case of In re Bast, ___ BR ___, 2007 WL 1429481 (Bkrtcy.S.D. Fla.)(Friedman, J.) where the court found that the requirements for a technical abandonment of certain non-exempt real property were met and that it was therefore abandoned from the estate to the debtor at the close of the case. The trustee's subsequent efforts to administer the non-exempt real property for the benefit of the creditors were denied by the Court.

Divorce Attorneys Fees and Bankruptcy

Submitted by Anonymous (not verified) on Sat, 08/17/2013 - 03:10

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

Non-Domiciliary Entitled to Claim Federal Exemptions

Submitted by Anonymous (not verified) on Wed, 08/14/2013 - 02:38

In the pre-BAPCPA decision of In re Arispe, 289 B.R. 245 (Bankr.S.D.Fla.)(Mark, C.J.), the court held that a debtor who is a resident in Florida but not a domicile of Florida is entitled to claim the Section 522(d) federal exemptions as the Florida opt-out statute only applies to those domiciled in Florida.

Dragnet Clauses

Submitted by Anonymous (not verified) on Sun, 08/11/2013 - 22:14

Dragnet clauses are agreements in lending documents that the collateral will secure in addition to the involved debt, other pre-existing and after after acquired debt.

The Chapter 13

Submitted by Anonymous (not verified) on Thu, 03/07/2013 - 23:37

The Chapter 13 Discharge
The bankruptcy law regarding the scope of the chapter 13 discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the chapter 13 discharge.

Making the Chapter

Submitted by Anonymous (not verified) on Thu, 03/07/2013 - 23:34

Making the Chapter 13 Plan Work

The Chapter 13

Submitted by Anonymous (not verified) on Thu, 03/07/2013 - 23:26

The Chapter 13 Plan and Confirmation Hearing
Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed.  A plan must be submitted for court approval and must provide for payments of fixed amounts to the trustee on a regular basis, typically monthly. The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims.

How Chapter 13

Submitted by Anonymous (not verified) on Thu, 03/07/2013 - 23:09

How Chapter 13 Works

Chapter 13 Eligibility

Submitted by Anonymous (not verified) on Thu, 03/07/2013 - 22:56

    Chapter 13 Eligibility

    Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than $360,475 and secured debts are less than $1,081,400.  These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor.

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