Month: April 2015

Debtors Win Against Creditor Harassment

Though bankruptcy is often thought of as a negative, it is better thought of as an opportunity to stop creditor harassment.  An opportunity provided by the law because of a belief that sometimes debt can reach a point where it is nearly debilitating and that individuals and businesses can benefit from a fresh start. Perhaps the most stress relieving privilege that bankruptcy grants is the automatic stay.  As discussed in earlier blogs, the automatic stay is an automatic court order preventi[...]

Florida’s Bankruptcy Wildcard Exemption

Most bankruptcy laws are federal and thus, bankruptcy proceedings are relatively uniform throughout the country.  However, one area where states vary is bankruptcy exemptions, property that is excluded or put differently, safe from forced sale during bankruptcy.  Florida’s exemptions include an exemption for “homestead” properties, which was discussed in earlier bankruptcy blogs. Those who do not “claim or receive the benefits of” a homestead exemption, have one unique advantage in [...]

New Case Polarizes Foreclosure Statute of Limitations in Florida

Foreclosure Statute of Limitations in Florida NEW CASE PRESENTS HOPE FOR HOMEOWNERS FACING SECOND FORECLOSURE ACTION In an earlier bankruptcy and foreclosure blog, we discussed a case, US Bank v. Bartram,  that was troubling for homeowners.  The case, which was decided by Florida’s Fifth District Court of Appeal, allowed a lender’s second foreclosure action against the same homeowner to move forward despite the homeowner’s argument that the statute of limitations (i.e. time limit for fi[...]