06

Jul 2011

Short Sale? Debt Consolidation? Just File Bankruptcy Already!

Short Sale.  Debt Consolidation.  Many times the decision to file bankruptcy is the better option. I just got off the phone with a client who retained my services 2 years ago to file a Chapter 13 bankruptcy.  They never actually filed.  Now, they have an offer on a short sale and have hired a debt consolidation company. He and his Wife make a good income (just...

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05

Jul 2011

Filing Bankruptcy? Don’t Let Facebook Get You in Trouble!

I spent some of my July 4th weekend reading other bankruptcy blogs.  I know, exciting, right? One post I found very interesting, was on Jonathan Ginsberg‘s blog and dealt with how Facebook is changing the practice of law.  Jonathan is an Atlanta bankruptcy lawyer. In previous posts I have explained the requirement that a debtor must disclose all of his or her assets in the...

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28

Jun 2011

In Bankruptcy, What is a Non-Exempt Asset?

A non-exempt asset is an asset that exceeds the amount of the exemptions that the debtor is entitled to claim. However, just because you have a non-exempt asset in your bankruptcy estate does not mean that you will lose the property. There are various ways that you can keep the property such as by entering into a buyback agreement with the Chapter 7 trustee, or by filing a Chapter 13 Bankruptcy.


27

Jun 2011

Will Filing Bankruptcy Affect Me Getting a Job?

It’s a hard enough in today’s economy to land a job.  Will filing bankruptcy make it that much more difficult to find a job? Many of my clients worry about the effect filing bankruptcy will have on their effort to find a job.  While everyone’s situation is different, during the last 11 years of my representation of people filing bankruptcy, one thing has remained constant,...

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24

Jun 2011

After Filing Bankruptcy, Chapter 13, Do I Still Pay My Bills?

Recently, during a free evaluation, I was asked by a potential client if he had to make payments on his bills when filing Bankruptcy, Chapter 13 specifically.   First, I had to determine what he meant by “Bills”.  Bills go by many different names, there are bills that you pay for on going service, like utilities, cable, cell phones, and then there are other debts, like...

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22

Jun 2011

Should I Do a Short Sale After I File Bankruptcy?

In previous posts I’ve discussed the differences between a Short Sale and filing bankruptcy and if one is preferable over the other. However, many of my clients who own real estate and have gone through the bankruptcy process have a different question: Is it necessary, or should I do a short sale after I file Chapter 7 bankruptcy or surrendered my property through a Chapter 13...

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20

Jun 2011

Are Foreclosure Filings Really Down?

Across Florida, and the nation for that matter, there have been a number of stories recently in the news reporting that foreclosure filings have been down for the last 8 months. This is a little misleading and is not at all cause for celebration. There is a specific reason why filings are down, and it is not because people are suddenly able to make their...

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