Articles from Miami Bankruptcy Law Blog

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Second Foreclosure Case and Quiet Title Action

Submitted by Anonymous (not verified) on Wed, 07/29/2015 - 19:25

A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments.

Second Foreclosure Case and Quiet Title Action

Submitted by Anonymous (not verified) on Wed, 07/29/2015 - 19:25

A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments.

Property Acquired after Bankruptcy Filing

Submitted by Anonymous (not verified) on Tue, 07/14/2015 - 18:16

Normally your bankruptcy estate consists only of the property you own on the date of the filing of your bankruptcy case. Certain property though that you acquire after filing for bankruptcy are part of your bankruptcy estate. Supplemental schedules need to be prepared and filed with the Bankruptcy Court.

Certain Property Needs to be Disclosed

Fallacy of Reasoning: "Post Hoc Ergo Propter Hoc"

Submitted by Anonymous (not verified) on Wed, 07/01/2015 - 19:53

"Post hoc ergo propter hoc"  is Latin for the fallacy of reasoning of "after this, therefore because of this."  In an episode of West Wing, President Bartlet  challenged the 27 lawyers in the room that at least one of them should know the m

Introduction to Chapter 13

Submitted by Anonymous (not verified) on Wed, 07/01/2015 - 18:00

A chapter 13 case is started by filing a petition with the Bankruptcy Court along with the schedules and statements that explain the person's financial situation. Under chapter 13, the debtor must submit a plan or reorganization to provide for his various classes of debt - priority, secured, and unsecured.

Choice of Law in a Bankruptcy Case

Submitted by Anonymous (not verified) on Wed, 07/01/2015 - 00:01

When a person files for bankruptcy in Florida and owes a gambling debt in Nevada, which states' law apply in determining whether the claim on the gambling debt should be allowed or whether it is dischargeable or nondischargeable?  A 2006 Florida bankruptcy ruling dealt with this issue.

"Foreclosure Defense" - Time to Review Assumptions?

Submitted by Anonymous (not verified) on Tue, 06/30/2015 - 20:24

The issuance by the Floirda Third District Court of Appeals in Miami of the recent decision in Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575, may be an appropriate time to review what actions a Miami homeowner that seeks to save their home from foreclosure.

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.

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