On May 31, 2013, the Florida Fifth Circuit Court of Appeals issued it decision in the case of Zlatkis v. All America Team Concepts, LLC  upheld the validity and enforcement of spendthrift trusts. In this case, a judgement holder attempted to enforce its judgment against the debtor's interest in a spendthrift trust.

On June 27, 2012, the Florida Second District Court of Appeals issued its decision in Geraci v. Ems, 93 So. 3d 384 (Fla. 2nd DCA 2012).  The issue before the Court was whether a person's long-term leasehold interest in his condominium could qualify as a "homestead" exempt from forced sale under article X, section 4 of the Florida Constitution.  The lower Court held that it could not qualify as a homestead as it was not a fee simple interest. The Court of Appeals reversed and held that such a condominium may qualify as a homestead.

Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for February 20, 2014 Oksana Grigorieva Declares Bankruptcy Brazilian Court Blocks OSX From Joint Bankruptcy Filing With Oleo E Gas How will Detroit function after the bankruptcy is over?

Bankruptcy fraud is a serious federal offense that can cost you more than just your personal possessions but time in prison. There are various ways debtors try to deceive the court from learning more about personal finances.  Many consumers may not realize that by doing one act alone such as concealing an asset can have […]

Follow Advice For A Smooth Chapter 7 If you want a chapter 7 bankruptcy case to go smoothly, then you want to follow all of the advice of your attorney. This advice starts with being open and honest regarding your financial situation.

Allison Mathis, the ex-girlfriend of Miami Heat star Chris Bosh files bankruptcy protection. She is the mother of a 5-year old child fathered by Bosh. She reportedly receives child support payments from Bosh for their child in the amount of $3,000 a month, but many may see this as mere pennies since the NBA star […]

Much of my practice today consists of consulting with clients who are interested in saving their real estate from foreclosure using Chapter 13 of the Bankruptcy Code. The discussions breakdown into two different categories - real estate that is used as a principal residence and real estate that is not used as a principal residence.

A member of the Outlaws Motorcycle Club was recently sentenced to several years in prison for their involvement in an illegal organized scheme in Indiana.  Jamie Bolinger, also known as Jammer, 36, of Martinsville, Indiana was sentenced to 102 months in federal prison after he pled guilty to a slew of offenses including extortion, drug […]

Many prospective bankruptcy filers in Oregon are understandably concerned about the privacy of their filing. At least once or twice a year someone chooses to come in for a consultation with our firm because we have offices in four different cities. I guess the thought is I can meet these guys in Portland where I live, but they can file my bankruptcy in Salem where no one knows me. We can’t.

The Bankruptcy Court Date When you file for Chapter 7 or Chapter 13 bankruptcy, you’re going to have to appear at a 341 meeting of creditors. It is called a 341 meeting of creditors because section 341 of the bankruptcy code requires a debtor to appear and be examined under oath. This 341 meeting of+ Read MoreThe post What To Expect At The Bankruptcy Court Date appeared first on David M. Siegel.