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Bankruptcy Effect on Divorce : No Love Lost

The bankruptcy effect on divorce It’s been said that two things can make ordinarily rationale individuals act crazy: love and money.  It is not surprising then that when bankruptcy and divorce are combined the results  can get, well, interesting.  Such was the case in Morales v. Giddens, an adversarial case arising from the  bankruptcy effect on divorce regarding Christopher Giddens.  Christopher Giddens and Marta Morales divorced in 2008 after ten years of marriage.  The two agreed to a[...]

Expiration of Protection for Tenants in Foreclosure

Jacksonville, FL Tenants in Foreclosure When lenders pursue foreclosure of a home, it is not just the homeowner that is impacted. If the property is being rented, the tenant will also be negatively impacted but with fewer rights to assert than the landlord, property owner. During the height of the housing crisis, the nation saw a sharp increase in the number of tenants being evicted mid-lease by lenders or new owners often with virtually no notice.  Some  estimates indicate that up to 40% of f[...]

Everest Student Loans Update – Buyer Agrees for $480 Million Debt Forgiveness

As we’ve discussed in earlier posts on Adam Law Group’s bankruptcy blog, Everest student loans are one of the major sources of debt for many Americans and under current law, it is very difficult, though not impossible, to discharge them during bankruptcy. Yet, there is reason to be more optimistic.  The public and legislatures have begun to recognize the overwhelming student loan crisis and to propose solutions.  A house bill has been proposed that would make it easier to discharge stud[...]

Awaiting Supreme Court’s Bankruptcy Protection Decision

Bankruptcy Protection The United States Supreme Court is in session and for the second year in a row, it has an important bankruptcy case on its docket, Wellness International Network Ltd. v. Sharif.  As mentioned in an earlier post on Adam Law Group last year, the Supreme Court in Executive Benefits Insurance Agency v. Arkison, 134 S. Ct. 2165 (2014) passed on providing clarification regarding the power of bankruptcy courts to decide issues “stemming from” bankruptcy protection proceeding[...]

Student Loan Relief in Bankruptcy

Will Student Loan Relief Soon Be Available in Bankruptcy Proceedings? John Delaney hopes so.  Not the University of North Florida President, but a US Representative from Maryland by the same name.  Delaney filed a bill (H.R. 499) that would provide student loan relief by removing student loans from the bankruptcy code’s list of non-dischargeable debt in 11 USC 523.   Current State of Student Loan Bankruptcy Law As discussed in earlier blogs, student loan debt is currently considered non-dis[...]

Florida Couple Recovers $1 Million for Harassing Phone Calls

FLORIDA COURT AWARDS $1 MILLION TO COUPLE RECEIVING HARASSING PHONE CALLS Anyone that has ever fallen behind on a debt, knows that what usually follows are harassing phone calls, a lot of them, from the creditor or a collection agency on their behalf attempting to obtain payment of the debt.  There’s a fine line between taking reasonable efforts to collect a debt and engaging in harassment.  Consumer protection laws, like the Fair Debt Collection Practices Act and others, seek to ensure tha[...]

Potential Change in Chapter 11 Bankruptcy Rules

  Chapter 11 Bankruptcy Rules The start of the New Year brings with it the promise of fresh starts and change.  The American Bankruptcy Institute (ABI) is also hoping for change.  At the end of 2014, it released a 400+ page final report on proposed changes to the Chapter 11 bankruptcy rules.  As discussed in greater detail in previous posts, Chapter 11 is a reorganization form of bankruptcy most commonly used by businesses and high net worth individuals.  The report took three years to [...]

Best Defenses to Foreclosure in Florida

There are many possible defenses to foreclosure  in Florida  and we’ve discussed a number of them in previous blog posts.  Today, we’ll discuss the best defenses to foreclosure in Florida and possibly avoiding it altogether.  The following are a few tips to keep in mind when purchasing and financing your home.  They are simple but effective. (1) Buy Less Than You Can Afford Purchasing a home under your budget gives you some wiggle room should your financial situation change for the wo[...]