Deficiency Judgment: You May Owe More than Your Home

If you’re like most people, when you hear the word foreclosure you think of the loss of a home.  But when a foreclosure action is instituted against borrowers who own an underwater home, there’s also a risk that the borrower’s could lose their home and be subject to a judgment against them for money owed […]

Enforcing the Automatic Stay

The decision to declare bankruptcy is not an easy one and many find themselves feeling overwhelmed or stressed by the decision or the process.  In most cases, the stress is two-fold: financial stress and emotional stress.  The emotional stress is often caused by, or at least exacerbated by the near constant reminder of debt from […]

Relief From Student Loan Debt

Attending college is an opportunity to obtain education to chase the dream of an aspirational career with more income and satisfaction than could be obtained without a degree.  And, colleges sell that dream.  All colleges, public and private alike, engage in activities to recruit students to attend their college, pay their tuition, and in turn, […]

“Surrender” Under Bankruptcy

Bankruptcy and foreclosure are in some ways very different.  The former involves primarily federal law, seeks to assist the debtor, and involves all of a debtors assets and liabilities.  Foreclosure in contrast involves primarily state law, seeks to assist the creditor in securing the rights to the collateral property, and involves only the debtors home.  […]

Bankruptcy Fraud and Reform

Bankruptcy Reforms Criticized by Experts During a panel but on by the American Bankruptcy Institute, the 2005 overhaul of bankruptcy laws was sharply criticized by one of the panelists, an attorney that represents debtors in bankruptcy.  The 2005 overhaul was designed to help decrease abuse of the system by debtors and increase the relief unsecured […]

Oral Arguments Commence Regarding Foreclosure Statute of Limitations in Florida

Foreclosure Statute of Limitations in Florida Oral arguments in a case we’ve been following for over a year, Bartram v. US Bank, regarding the foreclosure statute of limitations in Florida, were heard by the Florida Supreme Court last week.  The core issue the Court is evaluating is whether the five year foreclosure statute of limitations in Florida bars […]

Florida Foreclosures Highlighted in New Report

It’s no secret that Florida was hit hard by the foreclosure crisis and has faced a long, slow recovery.  The good news is Florida is recovering.  More news stories focus on the improvement in Florida’s foreclosure rates and the decreases in the number of zombie foreclosures (those properties in the foreclosure process that aren’t yet […]

Stripping Liens Down in Florida Bankruptcy Courts

Stripping down in court is typically disfavored and a quick way to get kicked out.  But, as with all things legal, there’s an exception for a different kind of stripping: stripping liens. Stripping Liens Basics Stripping Liens, authorized by 11 U.S.C. § 506, conceptually divides certain claims secured by liens on property into two claims: […]

A “Relative” Large Chapter 11 Bankruptcy

In late July, Relativity Media filed for Chapter 11 Bankruptcy and Hollywood and bankruptcy enthusiasts alike are closely watching the case.  If you’re unfamiliar with the name, Relativity is the third largest mini-major film studio in the world with credits for producing titles (some with other production companies) like Limitless, Interns, Les Miserables, The Best […]

The Danger Zone: High Risk Mortgages

Buying a home is a big milestone, whether it’s a first home, fifth home, or investment home.  Its also a big legal undertaking filled with long, in-depth contracts full of legalese that can be confusing and its easy to get caught up in the excitement, ignore the portions that are difficult to understand, and proceed.  […]