Florida Bankruptcy Lawyer Blog

Lately the Middle District of Florida Bankruptcy Court for Fort Myers Division has been putting some teeth into Automatic Stay violation. The Automatic Stay, among other things, protects debtors in bankruptcy from continued collection actions. If creditors willfully violate the Automatic Stay, the court is authorized to compensate debtors for any actual damages and sanction the creditor to prevent future violations.

Despite the protections afforded by the Automatic Stay, creditors routinely violate it. Sometimes, the matter is cleared up with a cease and desist letter while other violations are only halted by seeking relief from the court.

Continue reading "Finally the Court is Putting Some Teeth into Automatic Stay Violations" »

Secured Credit Cards can be a very helpful tool when attempting to re-establish your credit after bankruptcy. They can also be useful for younger individuals seeking to establish credit for the first time. Hopefully, this video will help you navigate the maze of secured credit cards.

Continue reading "Secured Credit Cards - Which Is The Best One For Me?" »

A question that I get asked quite often is: Do I have to go to Court when I file for Bankruptcy? The answer is yes and no. Please watch for the answer.

Continue reading "When You File Bankruptcy - Yes, You Have To Go To Court." »

The answer to the question: Can a State Declare Bankruptcy? is No. As of today, January 22, 2011, the answer is No. That is the good news. However, I'm sure many people who work in the budget offices in California and Illinois wish they could. A quick fix would be nice for these and other States plagued by debt.

Continue reading "Can A State Declare Bankruptcy?" »

A common misconception that I observe as a consumer bankruptcy attorney in Southwest Florida is that if you are not current on your mortgage when you file bankruptcy, you will lose your home. Quite the contrary. Many people file bankruptcy every day for the sole purpose of saving their homes. Of course, the best way to determine how best bankruptcy can help you is to consult with an experienced attorney, but my goal with this article is to introduce you to some of the many different possibilities and hopefully give you some hope, especially if you feel you’ve exhausted all possibilities and feel like giving up.

Continue reading "The Truth About Bankruptcy And Saving Homes" »

As a consumer bankruptcy attorney, I am often asked: Can I save any money during my bankruptcy? Well, if you filed a Chapter 7 case, this really isn't an issue. If you filed a Chapter 13 plan of reorganization, you will probably be in the bankruptcy for three to five years. The simple answer is: No, you aren’t supposed to save money; however, that is not realistic. In a chapter 13 bankruptcy, a debtor must pay to the bankruptcy trustee all of his disposable income for 3 to 5 years. Continued reasonable 401K contributions are considered an acceptable expense, but most other forms of saving money is prohibited.

Continue reading "Can I Save Money During Bankruptcy?" »

I was really bothered by something that I heard on the news last night, and this morning I couldn't help but voice my opinion on Bankruptcy Law Network. I know that I shouldn't listen to the news before bed, but I heard the talking head make a comment about why people file for bankruptcy and why businesses file. The joker said that when a business files for bankruptcy, it is done for one reason, and that is because it is in the best interests of the business. When an individual files for bankruptcy protection, it is because they have made bad decisions. Nothing could be further from the truth in my opinion.

So, I wrote a blog this morning titled: Bankruptcy Double Standard ? : Businesses and Individuals

Continue reading "Double Standards in Bankruptcy" »

As a Board Certified Consumer Bankruptcy Attorney who also defends mortgage foreclosure cases for consumers, I was asked whether the proposed 2009 Amendments to the Bankruptcy Code, Helping Families Save Their Homes In Bankruptcy Act, will prevent foreclosures or cause more foreclosures and then will it prevent bankruptcy filings or cause more bankruptcy filings?

Continue reading "Will the 2009 Bankruptcy Law, If Passed, Lessen Foreclosures" »

Ladies and Gentlemen:

Changes are coming to the Florida Bankruptcy Lawyer Blog whether you like it or not. It's time to kick the tires and light the fires and slap a new coat of paint on this puppy. We also might throw in some cool features like a new website and a new look for the Florida Injury and Accident Lawyer Blog as well.

So, keep your eyes peeled, and watch out for the new stuff. It may just hit you right between the eyes.

Continue reading "Changes, They Are A Coming" »

Will bankruptcy filings exceed 1 million this year? A look at the current data and the historical data make the case for bankruptcy filings to exceed 1 million. But wait a minute, I thought Congress changed the bankruptcy laws in October 2005 to curtail consumer filings and prevent abuses in the system. I though Congress had fixed the problem. As usual, Congress fixed a problem that didn't need fixing and created several other bigger problems. Our fearless leaders have created an economic nightmare in this country that needs to be fixed, and they are doing nothing to improve the problems. I'm willing to bet that if their homes were going into foreclosure something would be getting done to stem the wave of foreclosures in this country.

Continue reading "How Many Bankruptcies Will Be Filed In 2008?" »

This is part two of the story:

Recession is not part of the business plan and there are not enough cash reserves to cover the lines of credit and make all of the lease payments, so the business owner thinks about bankruptcy for the business. In reality, there is no reason to file a bankruptcy for the business because the business doesn't own anything. The business has the right to use the leased equipment but it does not own the equipment or the premises. The business has an obligation to pay for the equipment and the premise, but if the business closes down and there is no money left in the bank account, how is that going to happen? Usually, when this happens, and it happens quite often, the creditors will begin to look for the individual who personally guaranteed the loan.

Continue reading "What Is A Business Bankruptcy? Part II" »

As a Board Certified Consumer Bankruptcy Attorney, I see people on a daily basis who are facing financial problems. Bankruptcy has taken on a whole new life recently as were are in the midst of a serious recession that is only getting worse. Bankruptcy is now on the minds of people who never thought they would find themselves in financial difficulty. More and more small business owners are finding it hard to make ends meet. Many of these small businesses relied on one industry or another that has dried up in Southwest Florida. These business owners believe that the solution to their financial problems is to bankrupt the business and put it behind them. However, many do not know that filing bankruptcy for a small business may not be a very good idea at all.

Continue reading "What Is A Business Bankruptcy? Part I" »

As a Board Certified Consumer Bankruptcy Attorney, I am seeing bankruptcy clients each and every day who are surrendering their homes in the bankruptcy process. Some individuals are choosing not to file bankruptcy and are deciding to leave their homes. Right now, Southwest Florida is experiencing one of the highest foreclosure rates in the country. People are literally walking away from their homes each and every day. Port Charlotte, Cape Coral and Lehigh are experiencing higher rates of foreclosure than other areas of Florida. Each day I speak with the people who are suffering through this problem, and they all tell me the same thing. I am going to mail the keys to my mortgage company or servicer.

Continue reading "What is Jingle Mail?" »

This post is authored by Carmen Dellutri, Esq., Board Certified Consumer Bankruptcy Specialist and a founding member of The Dellutri Law Group, P.A. (www.DellutriLawGroup.com) and a founding member of the Bankruptcy Law Network (www.bankruptcylawnetwork.com)

The United States Attorney has struck again. This time in Cherry Hill, New Jersey. United States District Judge Noel L. Hillman sentenced a car dealer to 4 years in Federal Prison for Bankruptcy Fraud and attempting to hide money from the Tax authorities.

Continue reading "Bankruptcy Crimes: What Does The Future Hold" »

January 2008 was the beginning of the new year for most people in Southwest Florida, and for of our other citizens, it was more bad news of the same old variety. In January 2008, 1,833 foreclosure lawsuits were filed in Lee County. This is a very depressing statistic. Lee County had approximately10,700 foreclosure lawsuits filed in 2007. In 2006, the number was approximately 3, 920. The increase is dramatic, but understandable. Unless you have been living under a rock for the past 36 months, you know what happened in the Lee County real estate market.

Continue reading "New Foreclosure Record Set For January 2008 In Lee County, Florida" »

As a Board Certified Consumer Bankruptcy Attorney, I definitely march to the beat of a different drummer. I like what bankruptcy can do for people, and I love educating people about the myths of bankruptcy: My favorite is when I hear the myth that all people who file bankruptcy are looking to abuse the system. On the contrary, in today's society, the next person that files for bankruptcy protection could be your neighbor, brother, co-worker, and/or best friend. I really enjoy speaking with people who work in retail, and they ask if you would like to save 10% by applying for a "Store Visa Card"? Here is where you insert nails scratching down a chalkboard. Nothing is more irritating for me to hear.

Continue reading "Bankruptcy And Christmas Shopping" »