Florida Bankruptcy Lawyer Blog

As a consumer bankruptcy attorney, I see first hand how the bankruptcy code and bankruptcy rules play out in the courtroom and creditor's meetings on a daily basis. It seems to me that a great deal of unnecessary costs (administrative and non-administrative) are being placed upon individuals filing for bankruptcy protection.

According to one study from the American Bankruptcy Institute Law Review, the costs of bankruptcy of increased since the bankruptcy law changed in 2005. The article found that consumer debtors filing for Chapter 7 and Chapter 13 protection in the years after 2005’s Bankruptcy Code overhaul (BAPCPA) face costs up to 55% higher than those who filed in 2003 and 2004.

Continue reading " The Cost Of Bankruptcy Keeps Increasing " »

As a Consumer and Bankruptcy Attorney, I meet with people everyday to discuss Bankruptcy and other available Consumer remedies. I always tell people not to touch their retirement savings because a 401K and IRA are protected 99.99% of the time when a consumer files for bankruptcy.

Recently, Fidelity released its report on the status of the 401(k) programs that it manages. Some of the highlights, or perhaps better described as lowlights, “(1) participants who borrowed or initiated an application to borrow from their plans reached a 10 year record high and (2) nearly 45% of borrowers who received a hardship withdrawal in the past year took another one this year.”

Continue reading " 401K Withdrawal or Bankruptcy? Which One Is Better? " »

As a Bankruptcy Attorney with offices in Fort Myers, Cape Coral, Naples and Port Charlotte, I see people everyday who are in the middle of every type of mortgage modification, involving HAMP and HAFA. So I know that there is quite a bit of misinformation out there concerning a homeowners rights under the HAMP program. Therefore, I am going to follow up with series of blogs to deal with HAMP and the bankruptcy Courts.

Continue reading " Bankruptcy And HAMP Part I " »

It has been approximately 5 years since the housing market started to slide in Lee County, Florida. Since then, housing prices in our area have dropped on average of 60%. In some areas of Lee County, the prices have dropped more significantly. Our neighboring counties are doing a little better, but are still in bad shape as well.

According to some estimates, we are only half way through this economic mess. I tend to agree, but I would like to say that the recovery that everyone is hoping for will be much slower than anticipated. People are so ready to get back to the way things used to be, but, for most people, that way of life is over and done with. The days of free-spending and quick access to cash from credit cards and home-equity loans will never be the same.

What does this mean for those of us living in Southwest Florida. Well, things are not going to be easy, but at the same time, opportunities always arise in a down economy, and it is up to us to get back on our feet and put our best foot forward.

Continue reading " Lee County Home Values Down Over 60% Since The Bubble Burst " »

As a Bankruptcy and Foreclosure Defense Lawyer, I meet quite a few people everyday. Some of the most common questions I hear from clients who are surrendering their homes through a bankruptcy proceeding is, “How do I know when I have to move out? Can they just show up at my door one day and tell me to leave? How much notice will I have?”. The confusion is completely understandable, but I hope to clear things up for you here.

Continue reading " When Do I Have To Leave My House? " »