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 […]

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 […]

In Florida Bankruptcy Cases, Raise Claims or Lose Them

Florida Bankruptcy Cases In February, the 2nd Circuit handed down an interesting, unpublished Bankruptcy case, In re Residential Capital, LLC that demonstrates just how complicated the intersection between bankruptcy law, foreclosure law, and general civil litigation can get.  Like many Floridians, Stephanie Harris, an individual residing in Miami, Florida had some difficulty paying her mortgage […]

Chapter 11 Bankruptcy for Churches: Minneapolis Archdiocese Joins the List

We’ve said it before and we’re likely to say it again: bankruptcy is designed to provide individuals and businesses (whether for profit or non-profit) with a financial fresh start.  And when it comes to occasionally needing a fresh start, no one is immune.  Some of the countries largest companies have at one time or another […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]