Articles from Miami Bankruptcy Law Blog

The Means Test: "Household" Size and Contributions

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

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

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.

Chapter 13 Bankruptcy

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

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

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.

Florida Bankruptcy Exemptions

Real Property

Homestead - unlimited in value, l/2 acre in municipality, 160 acres outside municipality, Art. X, Section 4, Florida Constitution

Personal Property 

Florida Spendthrift Trusts

Florida common law and statutes recognize the validity of spendthrift trusts.

Eligibility for Chapter 13 Bankruptcy

Only individuals are eligible to file for

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