Florida Bankruptcy Lawyer Blog

The Dellutri Law Group Website has recently been updated to add bankruptcy videos. These videos explain the bankruptcy process in detail. The videos are a good resource for individuals who have not researched bankruptcy and are unsure about what they may be getting themselves into. It only takes a few minutes to watch each video. But, each video will answer many of the general questions that many people have about bankruptcy and the bankruptcy process.

The videos are located in the media center, which can be found on the lower right side of the homepage.

Click Here to be linked to the bankruptcy videos.

It should be noted that the Dellutri Law Group, P.A. did not produce the videos, and any legal advice contained therein is hereby disclaimed.

Continue reading " Dellutri Law Group Adds Bankruptcy Videos To Website " »

In Lee County Florida, we have been feeling the economic pinch for a long time. People living in Fort Myers, Cape Coral and Lehigh Acres, Florida have witnessed a dramatic landscape change over the past two years. From a booming economy to a depression, many people are still shaking their heads wondering how their homes, which were once valued at $350,000, are now valued at $150,000, and still there are no buyers.

Continue reading " Eddie Bauer And Other Retailers Are Considering Bankruptcy " »

As a foreclosure defense attorney in Sarasota, I am glad to say that Sarasota Circuit Court Judge Donna Padar Berlin recently issued an Order canceling a foreclosure sale in a mortgage foreclosure case. Sarasota is now, in my opinion, taking a firmer stance against abuse in the mortgage foreclosure system by the mortgage companies. This is an excellent step in the right direction.

Prior to the Court's March 6, 2009 Order canceling the March 30th sale date, the Court had issued a prior Order on February 6, 2009 which stated that the mortgage company could not set another sale date. Despite that Order, The sale date on the defendant's home had been set for March 30, 2009. The Sarasota Judge canceled the sale when she found out that the mortgage company represented to the homeowner that she could modify her mortgage and that the mortgage foreclosure lawsuit would be abandoned.

Kudos to Judge Donna Pader Berlin for putting a stop to a practice that is all too prevalent in today's economy.

Continue reading " Sarasota Judge Cancels Foreclosure Sale " »

Recently, I heard a story which rattled me. A fellow bankruptcy attorney in Sarasota told me that a debt collector had tried to collect a discharged debt from an authorized user. This is a common tactic used by the debt collectors.

An authorized user is not legally liable for a debt. The original credit card holder is. For example, let's say I had a Visa card that I applied for in 2000. In 2005, through aggressive credit card marketing and my lapse of good judgment, I fill out the form and get a card for my brother, since he had just graduated from college. If my brother uses the card, I am responsible, not him. He didn't sign the original contract or application. It is that simple, or to put in lawyer's terms, there is no privity of contract.

Continue reading " Discharged Debts Are Not Collectible ! " »

The Obama Administration released it plan to help the housing market yesterday, better known in Lee County as Foreclosure Alley, and the News-press is reporting that the Obama Plan will help 34,000 southwest Florida homeowners. At the Dellutri Law Group, we disagree with this analysis. We believe that quite literally, Southwest Florida residents got the shaft. Our team of consumer attorneys is combing the bill to look for some glimmer of hope for the residents of Southwest Florida.

At this point in time, it appears that bankruptcy will still be the best option because the House of Representatives is still debating: Helping Families Save Their Homes in Bankruptcy Act 2009. Let's hope our elected officials don't over-think this one, and they allow our residents to modify their mortgages in the bankruptcy courts.

Continue reading " Bankruptcy Still Best Option for Lee County Residents " »

The Obama Administration is spending money faster than the money can be printed. The Question in my mind is: How Good is the Government's credit? This morning I wrote a blog for the Credit Law Network, and I posed some interesting questions about all of this spending and promises to the banks. Please check out the blog.

Continue reading " How Good Is The Government's Credit? How Does It Impact Florida? " »