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What is a Proof of Claim in Bankruptcy?

Filing for bankruptcy allows you to eliminate your debts or set up a reasonable schedule to pay back creditors. As a result, creditors are prevented from threatening you or demanding payment. However, they are also provided with notice that they are eligible to have the debt owed paid back to them. Once they have received this notice, creditors file what is called a proof of claim with the bankruptcy court by the required deadline, which, along with other documents, proves that they are owed[...]

When is the Right Time to Declare Bankruptcy?

The right time to declare bankruptcy typically occurs once you have used all possible sources to settle your debts, but are still unable to do so. If you have significant unpaid debts, are falling behind on your mortgage and possibly risk foreclosure, and/or are receiving collection calls, it is time to speak with a local Florida bankruptcy attorney. While bankruptcy can have serious repercussions on your credit rating, it also has the ability to wipe out your debts and help ensure that you do n[...]

Avoiding Foreclosure on Your Home by Declaring Bankruptcy

While bankruptcy might seem like a last-ditch effort to many, for those potentially facing foreclosure, it can, in fact, save your home in some circumstances. Once a bankruptcy petition is filed, lenders must cease debt collection activities and foreclose on your home unless the mortgage company obtains special permission - what is known as a “Relief from Automatic Stay.” But what type of bankruptcy makes the most sense in this circumstance? Chapter 7 or Chapter 13 bankruptcy, as we discuss[...]

Are Homeowners Association Fees Discharged in Bankruptcy?

Many people likely do not realize that past due homeowners association fees can be discharged through declaring bankruptcy. In these cases, homeowners associations (HOAs) must follow legal requirements to record a Notice of Assessment lien. This amount listed on the lien then becomes secured debts against the homeowner's property in bankruptcy, and, in addition to the HOA fees, any additional notice of assessment lien recorded (for such additional amounts as attorney’s fees, costs, etc.) can a[...]

Filing Multiple Times for Bankruptcy: Explained

If you have previously declared bankruptcy and are now in a position where you may need to file again, the good news is that there is no limit on how many times you can file for bankruptcy. However, there are a number of rules and restrictions that apply, warranting that you work with an experienced bankruptcy attorney. Chapter 7 and Chapter 13 Bankruptcy Explained In a nutshell, when filed correctly, bankruptcy is permanent and wipes out debts so that creditors cannot collect on them.[...]

Discharging Student Loans in Bankruptcy Proceedings

As bankruptcy relief attorneys here in Florida, we frequently receive questions surrounding whether student loans can be discharged in bankruptcy. In a nutshell, the courts can agree to discharge student loans in bankruptcy proceedings, but you first have to prove that they are causing you undue hardship. This includes both federal and private student loans, although they involve different processes. Therefore, the answer to this question is yes, but it is a complicated process that is not guara[...]

Holding Onto Your Property in Chapter 7 Bankruptcy

While the bankruptcy process can be daunting, by working with the right bankruptcy attorney and having a basic understanding of how the process works, it is possible for the process to provide relief from debt while allowing you to hold onto your assets While Florida opts out of federal bankruptcy exemptions, the state has its own exemptions that need to be claimed when Chapter 7 bankruptcy is filed. As a result, it is critical that you work with an experienced Florida bankruptcy attorney i[...]

Purchasing a Vehicle During or After Bankruptcy

Your ease in obtaining a car loan after bankruptcy can depend upon whether you filed for Chapter 7 or 13 bankruptcy. It can be more difficult to find a lender, and the interest rate might be higher. Below, we discuss some of the ramifications of purchasing a vehicle under Chapter 13 bankruptcy: Chapter 13 Bankruptcy and Credit Chapter 13 bankruptcy - also known as repayment bankruptcy - allows you to keep all of your assets while repaying your debts and creditors over a period of th[...]

What is a Zoning Variance and How Do You Apply for One in Florida?

What is a Zoning Variance and How Do You Apply for One in Florida?

Zoning variances are special permits that allow for specific changes to zoning laws. To apply for a zoning variance, you must submit an application and meet specific requirements. Zoning variances can be used to make a wide variety of changes, including changing the use of a property from commercial to residential, allowing a new construction on a property, allowing an alteration in the type of use for an existing property, and more. What is Zoning and Why is it Important? Zoning is the pr[...]

Does Chapter 7 Bankruptcy in Florida Clear Out Credit Card Debt?

Does Chapter 7 Bankruptcy in Florida Clear Out Credit Card Debt?

Many people view bankruptcy as a way to clear out credit card debt and other forms of unsecured debt. In fact, Chapter 7 bankruptcy in Florida can be a very effective way to do just that. However, there are some essential things to know before filing for bankruptcy. First, it is important to understand that Chapter 7 bankruptcy cannot erase all your debt. This is because some debts are not fully dischargeable in bankruptcy. This means that some debts will continue to be owed by you. Examples[...]