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" »

If you are thinking of filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy in Florida, you may want to watch these videos for some insight into the process and procedure of consumer bankruptcy in florida.

What are the Different Types of Bankruptcies a Consumer can file?

Will I lose my home if I file for Bankruptcy?

Do I have to file with my spouse?

Attorney Carmen Dellutri of the Dellutri Law Group discusses these issues and more on the Consumer Protection Program.

Continue reading "Thinking Of Filing For Bankruptcy In Florida" »

As we all know, when an individual files a bankruptcy case, they are required to disclose all of their assets, and the total value of those assets is the starting point for determining how much (if any) they must pay to their creditors in the case. So, of course, in my work as a consumer bankruptcy attorney in Southwest Florida, I get a lot of questions about how to protect one’s assets before filing a bankruptcy case. Specifically, one of the most common things that people want to know about is protecting their bank accounts. When it comes to bank accounts, it is mainly about organization. There are several specific exemptions, or protections, that can be applied to bank accounts to shield them from the reach of the bankruptcy trustee so that you can keep that money available to support your family after the case is filed. These exemptions are based on the source of the money that was deposited into the bank account, the most popular ones being wages and social security. The key to protecting the specific types of deposits that are specifically exempt in bankruptcy is to keep those deposits separate from the rest of your non-exempt money and to spend those protected monies after all other types of money that you have. That way, there is no question as to the source of the money that is in your bank account on the date that you file for bankruptcy protection.

Continue reading " How Can I Protect My Bank Accounts When Filing For Bankruptcy?" »

Debtors in Chapter 13 bankruptcy often wonder how their chapter 13 trustee payment is calculated. There are several factors that can determine one’s payment.

At minimum, the payment to the trustee must be the Debtor’s entire monthly disposable income, as well as enough to pay unsecured creditors what they would receive in a chapter 7 bankruptcy. Some bankruptcy plans also contain car or house payments. Other plans pay priority debt such as certain IRS debt. Priority debts must be paid in full over the life of a bankruptcy plan.

Continue reading "What Is A 100% Chapter 13 Plan?" »

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?" »

The Dellutri Law Group is getting ready to start a New Blog focusing on the Federal Fair Credit Reporting Act. Our Fair Credit Reporting Act Blog can be found at:

www.faircreditreportingactblog.com

Please check it out and tell us what you think? It should be active in 7 to 10 days. The Fair Credit Reporting Act Blog will focus on all aspects of Credit Reporting.

Continue reading "Dellutri Law Group To Start A Fair Credit Reporting Act 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" »

Recently Carmen Dellutri was interviewed by Rachelle Grossman for Parr Legal. Parr Legal is a website developed for people to find attorneys and the consumer can watch the attorney before meeting them.

Continue reading "Carmen Dellutri on ParrLegal - Bankruptcy and Dellutri Law Group" »

Recently, Attorney John Webb joined the Dellutri Law Group's Consumer Protection section of the firm. John's experience handling foreclosure defense cases will dramatically expand the cases that the firm will be handling. John will be working closely with Shannon Houk, Esq. and Carmen Dellutri, Esq.

"To date, the firm has had excellent results in the cases it has been handling. John and Shannon have proven to the mortgage companies that they are a team to be reckoned with." said Carmen Dellutri. "We look forward to the future and hope to help all our clients achieve their goals." said John

Continue reading "Dellutri Law Group Welcomes Attorney John Webb To The Firm" »

Carmen Dellutri was recently asked several questions by the News Press as part of their ongoing series Road To Recovery. You will have to wait about 30 seconds to get through the preliminaries but the information provided should be useful to many of you. Or you can sign up for one of our blogs and have our blogs e-mailed to you directly.

Continue reading "Carmen Dellutri On News Press Video" »

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" »

As an avid news watcher, one could not help but witness the carnage happening on Wall Street. Although we haven't heard of any bank runs yet, it is probably going to happen soon if Bank of America (BAC) and Citigroup (C) don't get their acts together. Bank of America's stock price closed at $3.93 per share and Citigroup closed at $2.51 cents per share. Both stocks are down even further in pre-market trading. BAC C.

The title of this blog is when, not if, Citigroup and Bank of America will be Nationalized. Right now, the Federal Government has already pumped in 500 billion to these two behemoths and where did it get us? Unfortunately, no where. Why? Because no one in Washington has the guts to tell us the truth or they have their heads so far up the special interest groups butts that they cannot see the light of day or what is really going on there.

Continue reading "When Will Citibank and Bank of America Be Nationalized" »

Quite a bit has been written lately on the Helping Families Save Their Homes In Bankruptcy Act. I have written several blogs on the topic. Today, at 1:00 p.m., the members of the House Judiciary Committee will be meeting to mark up the bill. It is expected that the bill will pass by a narrow margin. The question is: When will it get to President Obama? and When will it become the law of the land? There is much more to come on this issue.

Continue reading "House Judiciary Committee Meets Today to Mark Up New Bankruptcy Bill" »

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" »

Carmen Dellutri's recent article titled: Helping Families Save Their Homes In Bankruptcy Act is the featured article on the Bankruptcy Law Network.

Continue reading "Featured Article on Bankruptcy Law Network" »

Yesterday, I wrote a blog for the Bankruptcy Law Network about the new legislation, which, if passed, will allow homeowners to cram-down their mortgages to the value of their house. Here is a link to a summary of the bill.

If passed into law, this bill could radically transform the landscape of Southwest Florida. More homeowners will remain in their homes, and that stability will help the residents of Southwest Florida survive this recession.

Continue reading "Helping Families Save Their Homes In Bankruptcy Act" »

This morning I wrote a blog for the Bankruptcy Law Network on the New Bill recently introduced by Senator Dick Durbin which would amend the Bankrutpcy Code to allow the modifications of first mortgages. Click here to read the blog.

Continue reading "New Bankruptcy Bill Has Been Introduced" »

Recently, I wrote about the amount of Adversary Proceedings that the firm was able to resolve in the month of December 2008. The best news is that two of our clients received double their attorney's fees back. In other words, clients were not only able to get a free bankruptcy, but they also made money on their bankruptcy case. Here is how it happened.

Continue reading "Adversary Proceedings Pay For Your Bankruptcy Fees" »

December was a great month to settle Adversary Proceedings, and Our Clients are glad that it was. Attorneys, David Fineman, David Lampley, and Carmen Dellutri were able to settle a record number of adversary proceedings and put more money back into our client's pockets than any other month in the history of the firm.

Continue reading "December Was A Great Month For Adversary Proceedings" »

Score one for the Consumer. The Texas Attorney General agreed to settle unfair debt collection claims against NCO Group, Inc. and/or NCO Portfolio Management, the company's debt buying unit in the amount of $250,000.00. The Texas Attorney General alleged that NCO violated the Texas Debt Collection Act by making harassing phone calls and using profanity to scare and harass debtors. A quick Google Search for NCO will reveal some very interesting things about the company.

Texas law prohibits consumer debt collectors from using unlawful threats and/or coercion in an attempt to collect consumer debts. Interestingly, as part of the settlement, NCO admitted no wrongdoing. Yea right.

Continue reading "NCO Group, Inc. Agrees To Pay A Fine Of $250,000 for Illegal Debt Collection" »

Florida Bar Member, Laura Hess, Esq., has been permanently banned from helping consumers solve their debt problems. The Florida Bar website lists Ms. Hess as Not Eligible to practice in Florida. It appears that Ms. Hess has entered into a consent agreement with the Florida Attorney General's office over allegations that Ms. Hess and the Hess Kennedy Law Firm stole millions of dollars from its clients. The money was allegedly paid to the firm for debt consolidation. Although details are scarce on this one, it appears that some of the creditors are forgiving the debts of clients of the firm. Capital One appears to be stepping up to the plate to forgive the debts of these consumers.

Continue reading "Florida Lawyer Barred From Collecting Debts" »

S. 3197 The National Guard and Reservists Debt Relief Act is on the way to the White House for the President's signature which will make it a law. The House of Representatives and the Senate both approved the bill unanimously. Once the President signs this bill, and it becomes law, it will amend the Bankruptcy Code.

Continue reading "National Guard and Reservist Debt Relief Act Passes Congress" »

I am extremely proud of our leaders who stood against the bailout. You must remember that as a Bankruptcy Attorney I would love to see the bailout bill pass with a reformation of the Bankruptcy Code. As an American citizen, I would love to see the bailout fail because in my opinion it rewards years of corporate greed and does nothing to help the people who would be paying for it.

Continue reading "$700Billion Bailout Fails" »

On July 31, 2008, the Credit Cardholders Bill of Rights Act of 2008 passed through the House Financial Services Committee. This bill aims to curb outrageous credit card practices like: bait and switch contract clauses, outrageous interest rate increases, prohibiting credit cards to minors, etc.

It is important for all of us to call our local representative. Please click here for a link to all the Florida members of the House of Representatives to find your local representative and contact them today. This bill needs to become law. It is not the best that our leaders can do, but it is a start. Remember, our elected officials have to play politics with the lobbyists. So, please call your local representative and ask them to vote for H.R. 5244 as it exists today. Otherwise, our leaders may muck up the bill with amendments.

Continue reading "Credit Cardholders Bill of Rights Act of 2008" »

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" »

The Dellutri Law Group, P.A. is pleased to announce that we have opened a new office for our Naples clients. The new office is located at the Fountain Park Center, 7935 Airport Pulling Road, Suite 200, Naples, Florida 34109. Our Naples phone number is 239-403-3011, and the fax number is 239-939-0588.

Continue reading "Naples Office Is Now Open For Bankruptcy Clients" »

As a Board Certified Consumer Bankruptcy Attorney, I see Bankruptcy clients all week long. This week, I saw a potential client who was convinced that her foreclosure was going to continue if she filed for bankruptcy protection. Since she had never filed for bankruptcy protection before, there is no limitation on the automatic stay provisions. The automatic stay is an injunction that goes into place immediately to prevent a creditor from taking any action to collect on a debt. That includes continuing the foreclosure process.

Continue reading "Bankruptcy Stops Foreclosure!" »

What will happen to the Bankruptcy Code if Presidential Candidate Obama picks a Vice President who is commonly known as Senator MBNA aka Senator Joe Biden. The Bankruptcy Code was changed in 2005 and Senator Joe Biden was instrumental in the changes to the Bankruptcy laws.

Now, we have a dilemma. At first blush it would appear to be a conflict as Barack Obama's past statements about how he would change the Bankruptcy Code would seem to conflict with his potential decision on his Vice President. In the past, Senator Obama has stated on numerous occasions that he would seek an amendment to the bankruptcy code to allow individuals to cram down their first mortgages on their homesteads, which is now prohibited. However, if Senator Obama picks Senator Joe Biden as his running mate, he may have some questions to answer.

Continue reading "Obama and Senator MBNA" »

Republican Presidential Candidate John McCain's wife Cindy, has at least $200,000.00 in credit card debt with American Express. Somehow she was able to negotiate a zero percent interest rate. The amount owed on her credit cards could be as high as $500,000.00. This information has been disclosed by the McCains only recently.

Continue reading "Senator McCain's Wife has over $200,000 in Credit Card Debt at 0% Interest" »

This post is submitted by Carmen Dellutri, Esq. founder of the The Dellutri Law Group, P.A. Mr. Dellutri is a Board Certified Consumer Bankruptcy Attorney and is also one of the founding members of the Bankruptcy Law Network.

Normally, when a client goes to see a bankruptcy attorney for a bankruptcy consultation, it is usually the worst part of their day. Imagine what could be worse than walking into an attorney's office and putting all of your financial details on the table for discussion. Most people would rather be any other place in the world. Yesterday, I had the honor of sending a client a check for four (4) times the amount she paid me in attorney's fees for handling her bankruptcy case. That's right, the attorney sent the client a check. This happens all the time at the Dellutri Law Group, and the clients love it.

Continue reading "Discharge Violations Pay Off for Dellutri Law Group Clients" »

Yesterday, on a Sunday, the Fed cut the discount interest rate a quarter of a point and still the Asian markets tumbled this morning. The Fed also helped bail out Bear Stearns over the weekend and gave the green light for JP Morgan to buy out Bear Stearns for $2 a share. Bennie and the Feds were very busy this weekend. But what does this mean for the average guy on the street? Well, the interest rate cuts are good if you are in the market to borrow money or if you are looking to consolidate your debt?

Continue reading "To Consolidate or Not to Consolidate? That is the Question." »

This blog is written by Carmen Dellutri, Esq., Board Certified Consumer Bankruptcy Attorney and a founding member of the Dellutri Law Group, P.A. and the Bankruptcy Law Network.

On January 28, 2008, the House of Representatives introduced a new piece of legislation called the Medical Bankruptcy Fairness Act. I am in the process of writing a series of blogs on this topic for the Bankruptcy Law Network You can view a copy of Part I. On the one hand, I am glad that individuals who are suffering under the immense pressure of medical bills that they cannot pay will get some added relief. However, the lawyer in me is skeptical. After reading the bill one time, it contains some gaping holes that will need to be filled prior to becoming law.

Continue reading "Bankruptcy For Medical Bills May Be On The Horizon" »

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)

Another member of the Bankruptcy Law Network ( www.bankruptcylawnetwork.com) has been chosen to represent the National Association of Consumer Bankruptcy Attorneys www.nacba.org as its member of the month. You may remember that in December 2007 Cathy Moran (www.moranlaw.net) was also NACBA's member of the month. I am very proud to say that both of these two remarkable individuals are founding members, along with me, of the Bankruptcy Law Network www.bankruptcylawnetwork.com

Continue reading "Brett Weiss is the January Member of the Month at NACBA" »

The Fair Debt Collection Practices Act (FDCPA) is a federal statute which protects consumers from unscrupulous debt collectors. Despite that the FDCPA has been around for a long time, debt collectors violate the statute routinely. For violations, the FDCPA mandates statutory damages in the amount of $1,000.00 and actual damages, if any, and attorney's fees and costs. Recently, a Judge in Jackson County, Missouri ordered a debt collector named Merchant's Retail Credit Association (MRCA) to pay $854,389.00 in damages to Gilbert Maddux, Dolores Maddux and Jenni Maddux.

Continue reading "Debt Collector To Pay $854,389.00 In Damages" »

Many of you may be wondering why I put a blog with Deep Recession in the title in the good news category. Well actually, to me, it is good news because the depth of the liquidity problem that this country is facing is finally coming to light. If I were to say something similar it wouldn't be news worthy. However, when a Harvard Professor, who was a former Treasury Secretary, mentions the words Deep Recession, it is newsworthy, until the next celebrity takes steroids or becomes pregnant or something else news-worthy.

Continue reading "Harvard Professor Calling For New Bankruptcy Bill And Tax Cuts to Stop Deep Recession" »

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" »

The Fair Credit Reporting Act (FCRA) is a federal law which is supposed to regulate the credit reporting industry. The FCRA is supposed to keep control over users of reports and the furnishers of the information provided. For many Americans, their credit history can mean the difference between paying hundreds or thousands, or even hundreds of thousands of dollars in interest over their lives. In my opinion, the average American does not even know what is contained in their credit files until they apply for credit, and by then, it is probably too late to do any meaningful repair work.

Continue reading "Jury Awards $2.9 million for credit report violations" »

As we all know, the Bankruptcy Laws were dramatically changed by Congress in October of 2005. Congress changed the Bankruptcy Laws due to an unfounded belief that debtors were taking advantage of the Bankruptcy Laws and Bankruptcy Attorneys were making it too easy for people to file bankruptcy. As we now know, Congress was wrong. The change in the Bankruptcy Laws did not change the way people spend their money. The change in the Bankruptcy Laws only made it more expensive to file for Bankruptcy. Now both houses of Congress are considering bills which would put more power into the hands of the Bankruptcy Judges. Under this new legislation, Bankruptcy Judges would be allowed to re-write mortgages on primary residences.

Continue reading "Congress May Change The Bankruptcy Laws" »