Your primary residence in Florida (“Homestead”) can be a very useful tool for protection of assets from creditors during your life, and after your death for the benefit or your
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Bankruptcy Trustees are Entitled to Jury Trials Too?!
Americans generally cherish their right to a jury trial under the Sixth and Seventh Amendments to the United States Constitution and the media certainly perpetuate the idea that jury
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Dear Debtor, Three Strikes and You’re Outta Here!
When an individual files for bankruptcy protection, he/she is entitled to certain wonderful benefits. For example, a Chapter 13 bankruptcy filing will stop (at least temporarily) a home foreclosure or
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Dear Mortgage Lender – Where Debtors Surrender, Act Quickly
The Eleventh Circuit’s ruling in the Failla case was triumph for mortgage lenders when it affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property… [w]hile
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Dear Bankruptcy Asset Purchaser, Got Good Faith?
Section 363 of Title 11 of the United States Code (“Bankruptcy Code”) authorizes trustees (and Chapter 11 debtors-in-possession) to use, sell, or lease property of a debtor’s bankruptcy estate outside
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Dear Bankruptcy Defendant, U.S. Mail Service is Valid
“You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant.
Why?
Well, Bankruptcy Rule 7004 bestows the
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Got Equity? The Perils of Being Second Place
The recent decision in the Olivares case [2016 WL 6810716 (Bankr. S.D. Fla. 2016) reminds lenders of the perils of being a second mortgage holder where equity is questionable.
A
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Are You Looking for Redemption in Bankruptcy?
What is “redemption” in bankruptcy?
- Redemption is an option available to Chapter 7 individual debtor (not corporations or business entities).
- Redemption may allow the debtor to keep personal property (intended
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The Few, The Proud…the Unsecured Creditors Committee
At the end of my October blog post, Dear Debtor, You Said I was Your First Priority, a VIP!, I suggested that you might want to join a “support
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Dear Debtor, You Said I Was Your First Priority, a VIP!
In my May 26th post, I raised several questions that unsecured creditors in any Chapter 11 case should know the answers to and take action where appropriate. One of
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