BANKRUPTCY PREDICTIONS 2016

BANKRUPTCY PREDICTIONS FOR 2016             In my 2014 Blog on the state of bankruptcy filings, I discussed the causes of bankruptcy filings and how it was related to the availability and amount of consumer credit. That article is here: https://www.planlaw.com/bankruptcy-predictions-2014-beyond/             Now with 2015 behind us, it appears that the expansion of short term credit […]

Continue reading...

SERIAL BANKRUPTCY FILERS

SERIAL BANKRUPTCY FILERS AND THE NEED FOR EXPERIENCED BANKRUPTCY ATTORNEYS             I was reading an article recently regarding the problem of serial bankruptcy filings in Tampa, Florida. You can find the article here: http://www.tampabay.com/news/business/realestate/tampa-bay-judges-crack-down-on-serial-bankruptcy-filers/2234543             The article serves to warn people to consult experienced bankruptcy counsel prior to filing a Chapter 13 Petition. In Tampa, […]

Continue reading...

STUDENT LOAN BANKRUPTCY DISCHARGE STAYING DIFFICULT

STUDENT LOAN DISCHARGEABILITY CHANGES NOT COMING SOON             There has been some hope that change from the Federal Government was coming soon to the growing issue of student loan debt. Both Public and Private student loans are currently nearly impossible to discharge in bankruptcy, due to a bankruptcy reform package pushed through by Republicans in […]

Continue reading...

Hidden Second Mortgages

  Hidden Second Mortgages in Jacksonville Bankruptcy I have previously written about modification of Mortgages through Chapter 13 in Jacksonville, FL bankruptcy: https://www.planlaw.com/modification-of-mortgages-in-chapter-13-in-jacksonville-fl/  Since the Supreme Court did away with Chapter 7 second mortgage stripping in early 2015, the ability to strip second mortgages has been limited to Chapter 13 cases. So what does that […]

Continue reading...

RAISING A CHILD AND THE ROAD TO BANKRUPTCY

  RAISING A CHILD AND THE ROAD TO BANKRUPTCY             There seems to be a new emphasis on the cost of raising a child in this Country. Rather, how it is becoming impossible to afford to have children. Maybe it’s the Millennials starting to have children and realizing the enormous financial cost or the student […]

Continue reading...

RISING RENTS AND THE NEED FOR CHAPTER 13 BANKRUPTCY

  The biggest rental increases in years have been sweeping across the United States over the past 2+ years. This recent article by Forbes illustrates the problem of rising rents: http://www.forbes.com/sites/laurengensler/2015/02/24/rising-rent-smaller-cities/ According the article, even small cities are seeing double digit rental increases year over year. In fact, in many areas, rental rates have increased […]

Continue reading...

MORTGAGES AFTER BANKRUPTCY – IS IT ABOUT TO GET BETTER?

MORTGAGES AFTER BANKRUPTCY – IS IT ABOUT TO GET BETTER? One of the leading questions that I receive while consulting with people is about the effect of bankruptcy on the ability to purchase a home in the future. Despite financial troubles, people tend to look ahead in their lives and see a brighter financial future. […]

Continue reading...

The End of Stripping Second Mortgages in Jacksonville Bankruptcy

  The End of Stripping Second Mortgages in Jacksonville Bankruptcy   It was fun while it lasted. For the past two years, the 11th Circuit decision of McNeal v. GMAC Mortgage LLC (In re McNeal), 2012 WL 1649853 (11th Cir. May 11, 2012), allowed lien-stripping of a wholly unsecured lien or second mortgage in chapter 7. […]

Continue reading...

CREDIT REPORTING AFTER BANKRUPTCY – IS IT ABOUT TO GET BETTER?

      CREDIT REPORTING AFTER BANKRUPTCY – IS IT ABOUT TO GET BETTER?             One of the leading questions that I receive while consulting with people is about the effect of bankruptcy on a credit report. I try to tell people that federal law requires that all discharged debts be reflected as discharged, and […]

Continue reading...

TAX REFUNDS AND DEBT COLLECTORS – IS IT ABOUT TO GET EASIER TO TAKE YOUR MONEY?

    TAX REFUNDS AND DEBT COLLECTORS – IS IT ABOUT TO GET EASIER TO TAKE YOUR MONEY? One of the leading causes of filing bankruptcy is having a judgment entered against an individual. In Florida, the entry of a judgment allows a judgment creditor up to 20 years to collect the debt, allows the […]

Continue reading...