Articles from Miami Bankruptcy Law Blog

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Abandonment of Florida Homestead

Submitted by Anonymous (not verified) on Thu, 06/04/2015 - 02:18

Exemptions of Earnings and Wages in Florida

Submitted by Anonymous (not verified) on Thu, 06/04/2015 - 01:29

"Disposable earnings," such as wages, earned by the  head of a family are exempt from creditors in Florida. This exemption includes protection from garnishment.

Florida Homestead - Three Contexts

Submitted by Anonymous (not verified) on Wed, 06/03/2015 - 20:47

The concept of a Florida "homestead" arises in three different contexts:

  1. Taxation exemption per Art. VII, Section 6, Fla. Constit.

Good Grief Charlie Brown - yes the Bankruptcy Law Connection

Submitted by Anonymous (not verified) on Thu, 05/07/2015 - 17:30

Well known cartoonist Charles D. Schultz was the creator of the Charlie Brown comic strip. A recent blog post article asks, "Did Charles Schultz coin the term 'security blanket?" What does this question about the coining of this term that was used in the Charlie Brown comic strip have to do with bankruptcy law?

Bankruptcy Case vs. Bankruptcy Case

Submitted by Anonymous (not verified) on Mon, 01/19/2015 - 16:50

On January 18, 2015, Fox Rothschild's Delaware Bankruptcy Litigation blog published a post

U.S. Supreme Court "Summary Dispositions"

Submitted by Anonymous (not verified) on Sat, 01/03/2015 - 21:17

The United States District Court of the Northern District of Florida made a landmark decision in Brenner, et al. v. Scott, etc., 999 F.Supp. 2d 1278 (2014) regarding the constitutionality of Florida's restrictions on marriage.  Although not essential to its holding, the Court makes reference to a U.S. Supreme Court "summary disposition" that a defendant offered.

Factors to Consider with Mortgage Modification

Submitted by Anonymous (not verified) on Sat, 01/03/2015 - 02:32

Beauvais, and similar recent decision by other courts, may give reason for many Miami homeowners with mortgage foreclosure situations to re-evaluate what is the best course of action to "save" their home from foreclosure.  For many, focus on "foreclosure defense" instead of mortgage modification are misplaced.  

The Harry Beauvais Decision - Can a Foreclosure Case be "Won"?

Submitted by Anonymous (not verified) on Thu, 12/25/2014 - 19:44

The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   The Court certified the case to the Florida Supreme Court, where Bartram is already pending.  Beauvais

Dismissal "Without" Prejudice is "Not on the Merits" - Accelertion Remains

Submitted by Anonymous (not verified) on Thu, 12/25/2014 - 19:44

saving home from foreclosureThe December 17, 2014 Florida Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.

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