Understanding Common Myths About Bankruptcy

  To many people, the prospect of filing for bankruptcy can be overwhelming. Those people often end up filing for bankruptcy only because the fear of increased debt and continued creditor harassment is even worse. In reality, bankruptcy can be a helpful process and not nearly as scary as it seems. The following are some […]

Declaring Bankruptcy in Florida and Salary Increases

If you are not able to handle your financial situation, Chapter 7 and Chapter 13 bankruptcy are available for you to restructure your debt. Each year, many people discover that the bankruptcy process offers them the opportunity to rebuild their credit and have a fresh start. Unfortunately, in some situations, bankruptcy can be a particularly […]

What is a Bankruptcy Auction?

  The primary lenders of the Toys ‘R’ Us company recently decided to cancel a bankruptcy auction of the company’s brand name as well as other associated intellectual property. Instead, the lenders intend to revive the Toys ‘R’ Us brand name as well as the Babies ‘R’ Us brand name as part of an effort […]

Florida Bankruptcy Exemptions Provide Protection

Florida Bankruptcy Exemptions Chapter 7 bankruptcy is what most people would think of when they think “bankruptcy.” It is the process by which individuals have many or all of their debts discharged. This is achieved through a liquidation process by which many of the debtor’s assets are sold. The proceeds from this liquidation are then […]

Understanding the Bankruptcy Discharge

One of the biggest advantages of filing for Chapter 7 or Chapter 13 bankruptcy is the bankruptcy discharge of certain debts that comes along with successful completion of the proceedings.  A Bankruptcy Discharge Is… A bankruptcy discharge is a permanent court order prohibiting creditors of the bankruptcy debtor from taking any action to collect discharged […]

Pro Se Bankruptcy – Don’t Go It Alone

Pro se is a Latin phrase meaning “for oneself” or “on one’s own behalf.” It refers to individuals who don’t use an attorney but instead, represent themselves in court. The rules that govern proceedings in federal courts (bankruptcy courts are federal) explicitly permit persons to appear pro se and represent themselves. However, just because something […]

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 […]

“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 […]

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 […]