A recent potential client called the office and wanted to get started with a filing.  At the meeting, we talked about a greater likelihood of Chapter 13 based upon the income of the debtor and his spouse.  Today, the talk came up about Chapter 7 once again.  Here is what I do in these situations:+ Read MoreThe post Everyone Wants A Chapter 7 It Seems appeared first on

The Florida Third District Court of Appeals issued its decision in Capital Factors, Inc. v. Alba Rent-a-Car, Inc., et al., 32 Fla.L.Weekly D21070 (Fla. 3rd. DCA 2007) and held that an unconfirmed arbitration award qualifies as a "debt due" by the garnishee subject to garnishment under Section, 77.01, Florida Statutes. The Court held that an arbitration award does not require judicial confirmation to be collectible by garnishment.

Oftentimes, when someone comes to see me for bankruptcy advice, they are already thinking beyond the process and into regaining credit.  The trouble with this line of thinking is serious.  Firstly, the client should be mostly concerned with getting out of debt.  After all, the excessive debt is the reason for the consultation in the+ Read MoreThe post The Obsessi

When it comes to rebuilding a credit score after filing bankruptcy, the truth is that you have already taken the most important step. After all, the ever more burdensome dead weight on your score, the barrier to you ever obtaining a decent score has now been removed permanently.
If you want to really want to improve your credit score, doing nothing after your bankruptcy discharge and letting time take care of your score is not the way to go.

Some people may wonder if there is a specific time you should file for bankruptcy protection.  Better yet, is there a good time to begin the filing process?  In most cases, it depends on personal circumstances in your situation. Each person has different needs and this makes each case unique.  Most who file are seeking [...]

We recently reported that a debtor could strip off a second mortgage in Chapter 7 due to the decision the 11th Circuit reached in McNeal v. GMAC Mortgage, LLC (In re McNeal) (11th Cir. 2012). At the time the Court ruled in the case the Court decided not to publish the opinion, which meant that lower courts in the 11th Circuit were not required to follow the decision.

We recently reported that a debtor could strip off a second mortgage in Chapter 7 due to the decision the 11th Circuit reached in McNeal v. GMAC Mortgage, LLC (In re McNeal) (11th Cir. 2012). At the time the Court ruled in the case the Court decided not to publish the opinion, which meant that lower courts in the 11th Circuit were not required to follow the decision.

We recently reported that a debtor could strip off a second mortgage in Chapter 7 due to the decision the 11th Circuit reached in McNeal v. GMAC Mortgage, LLC (In re McNeal) (11th Cir. 2012). At the time the Court ruled in the case the Court decided not to publish the opinion, which meant that lower courts in the 11th Circuit were not required to follow the decision.

Having a judgment filed against you brings with it a new level of debt collection. Thankfully, there are some things you can do to ease the pain.
A judgment is nothing more than a decision by a court that has been entered into the public record.

Can I keep my car in Chapter 13?