Florida Bankruptcy Lawyer Blog

When you file for bankruptcy, a bankruptcy estate is created (11 U.S.C. 541). Individuals are allowed to protect items of personal property, cars and equity in real estate from their creditors. The process is called claiming an exemption or exemption planning. When an item is claimed as exempt, the property is theoretically removed from the bankruptcy estate and is no longer available to pay the claims of creditors.

If you are a Florida resident or have lived here for at least two years prior to the date of filing for bankruptcy protection, you must use the Florida Exemptions to protect your personal property in a Chapter 13 or a Chapter 7.

Continue reading " Bankruptcy Exemptions In Florida Part 1 - Homestead " »

Yesterday, Board Certified Consumer Bankruptcy Attorney Carmen Dellutri published an article on the Bankruptcy Law Network about Debt to Income Ratios. The blog put into perspective what a debt to income ratio is, the importance of your debt to income ratio and how to use a debt to income ratio to gain control over your finances.

Continue reading " Debt To Income Ratio Explained " »

There is a new check fraud scam in Southwest Florida. In the past few weeks, I have received numerous emails and phone calls from clients and potential clients regarding phone calls and messages they and members of their families have received on a check fraud investigation resulting from a payday advance. The callers allege that they are “investigators” and are investigating the debtors for check fraud for a loan from a payday advance that was not paid. The callers state the debtors need to return the call to prevent criminal charges. Some callers even go as far to say that a warrant has been issued and give fake case numbers for the court where the debtors live. As you can imagine, many people become extremely frightened and upset when they hear this.

Continue reading " New Check Fraud From Cash Advance Scam " »