SUB-PRIME AUTO LOANS AND CHAPTER 13 BANKRUPTCY

SUBPRIME AUTO LOAN BUBBLE AND BANKRUPTCY?             Recent articles have focused attention on the sub-prime auto loan industry and its negative effects on consumers and potentially investors. From sub-prime loans being bad investment vehicles due to fraudulent applications which contain misstated income and employment (http://dealbook.nytimes.com/2014/08/04/focusing-on-g-m-unit-u-s-starts-civil-inquiry-of-subprime-car-lending/?_php=true&_type=blogs&_r=0), to articles about the effect of repossessions of such predatory […]

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Student Loan Discharge for Private Student Loans Maybe?

      MAYBE SOME MOVEMENT ON STUDENT LOAN DISCHARGEABILITY?             Legislation unveiled by Sen. Tom Harkin (D-Iowa) this month as part of a larger higher education package would allow private student loans to be discharged in bankruptcy. Private student loans are currently nearly impossible to discharge in bankruptcy, due to a bankruptcy reform package […]

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UPDATE ON INHERITED IRA’S TARGETED BY CHAPTER 7 TRUSTEES AND THE FLORIDA EXEMPTION FOR INHERITED IRA’S

UPDATE ON INHERITED IRA’S TARGETED BY CHAPTER 7 TRUSTEES AND THE FLORIDA EXEMPTION FOR INHERITED IRA’S The Supreme Court issued its opinion today in the Clark et ux. V. Rameker et al., inherited IRA case. While it may be bad news for some potential bankruptcy filers in other States, Florida filers with the ability to […]

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The Rush to Obtain a Foreclosure Deficiency in Florida

THE RUSH TO CLAIM A MORTGAGE DEFICIENCY IN FLORIDA BEFORE JULY 1, 2014 A recent new client to our office highlighted a potential wave of new mortgage deficiencies that may be filed over the next few weeks. This potential client had had a home foreclosed in September of 2009. No action had been taken by […]

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Exemptions and Bad Conduct in Chapter 7

CAN I LOSE MY EXEMPTIONS FOR ALLEGED BAD CONDUCT IN BANKRUPTCY?             When you make the difficult decision to file for a Chapter 7 or Chapter 13 Bankruptcy, there are certain assets that are declared exempt in your case. Typically, the biggest exemption is a person’s home equity. If you own a home that is […]

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Replacement Value for Surrendering a Vehicle in Chapter 13

REPLACEMENT VALUE FOR SURRENDERING A VEHICLE IN CHAPTER 13?            A recent case from the 11th Circuit Court of Appeals in Atlanta may have a major impact on Chapter 13 vehicle surrender cases going forward. On March 27, 2014, the Eleventh Circuit issued a ruling, in In re Brown, 13-13013, 2014 WL […]

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CHAPTER 11 AND 13 BANKRUPTCY DUE TO RISING RENTS?

A GREATER NEED FOR CHAPTER 11 AND 13 BANKRUPTCY DUE TO RISING RENTS?             A recent article regarding rising rents served as a follow up to a blog that appeared on this site last year. http://www.nytimes.com/2014/04/15/business/more-renters-find-30-affordability-ratio-unattainable.html?hpw&rref=business&_r=0 In that last blog post, the rising home prices in many Florida cities appeared to be the result of […]

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The Chapter 11 Plan of Reorganization and Voting Process

The goal of Chapter 11 generally is to restructure a Chapter 11 debtor’s monthly debt service and thereby improve cash flow to maintain a viable business. This can be accomplished by reducing principal owed, extending the length of a loan, and reducing the interest rate. The Chapter 11 Plan of Reorganization outlines these new terms […]

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DO YOU HAVE A FULL-TIME BANKRUPTCY ATTORNEY?

IS YOUR BANKRUPTCY ATTORNEY REALLY A FULL-TIME BANKRUPTCY ATTORNEY?             Is your bankruptcy attorney really a specialist in bankruptcy? Or is that attorney just filing a couple of cases to make some extra income, while really putting most effort into another area of law? Our office sees part-time bankruptcy attorneys on a regular basis while […]

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The Telephone Consumer Protection Act – Money Damages for Unwanted Telemarketer Calls

The Telephone Consumer Protection Act or “TCPA” is a federal law designed to protect consumers from telemarketer harassment. Violations are not limited to persons on the “do not call” registry. In 2012, the Federal Communications Commissions adopted new rules that offer greater protection to consumers. Pursuant to the new rules, violations also include unauthorized phone […]

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