Florida Bankruptcy Lawyer Blog

May 2008 Sees Foreclosures Surge 48%

Tue, 17 Jun 2008 14:21:02 -0500

The month of May has changed the way I think about politics. I used to be upset that nothing was being done to help the people living in Southwest Florida, now I am just ticked off. Foreclosure filings were up 48% over May of last year. This statistic proves several things: First nothing is being done on the Federal level to help the people of Southwest Florida keep their homes. Second, nothing is being done on the State level to help residents keep their homes. Third, where are the results that the mortgage companies promised when they argued not to change the bankruptcy laws. Where is Hope Now, President Bush's coalition of mortgage companies dedicated to helping people save their homes.

Mortgage Modifications Are Still Not Working.

Mon, 16 Jun 2008 07:11:03 -0500

Living in Southwest Florida is never dull. Now, despite having beautiful weather and beaches, we are dealing with real economic issues which will determine the future paths taken by resident and business owners in Southwest Florida. Many business owners are closing their doors because of cash flow. Residents are feeling the pinch at the pump and in the grocery stores. Many people are opting to stay at home for dinner, rather than drive and then pay for that luxury. Of course, it is not that bad yet, but I can see it coming on the horizon. When people cannot afford to fill up their gas tanks, how are they going to go out and eat. Naturally, the next logical question is: How can they pay mortgage payments on a home if they cannot afford to fill up their tanks.

Creditor Claims Trading: What is next?

Sat, 14 Jun 2008 12:01:39 -0500

Bankruptcy Courts are seeing many consumer issues along with the increasing bankruptcy dockets. Therefore, Bankruptcy Judges are naturally becoming more sophisticated on the issues surrounding consumers. Recently I argued a case against a debt collector and one of the issues was the creditors purchasing of discharged debts. Why would a creditor purchase debts which are discharged by a Federal Court Discharge Order? Theoretically, these debts are no longer collectible.

Airlines Are No Longer Flying High

Sat, 31 May 2008 08:22:03 -0500

In April I wrote a blog about the airline industry and asked a question: Is the word airline synonymous with bankruptcy? At the time I intended for it to be a bit of a joke because four (4) different airlines had filed bankruptcy. Now, several months later, it could prove to be almost prophetic. Back then, Skybus, ATA, Aloha and Frontier had filed for bankruptcy protection. Delta recently emerged from bankruptcy protection and announced that it was planning a merger with Northwest, and Alitalia was on the brink of bankruptcy. All in all, things weren't looking so good for the airlines.

Complaints Against Debt Collectors Are Rising

Sat, 24 May 2008 11:51:21 -0500

As a Consumer Bankruptcy Attorney, I see people on a daily basis who are considering filing for bankruptcy protection. One of the reasons they are seeking bankruptcy protection is to stop the abusive debt collection practices being employed by the debt collection industry. As this country goes deeper and deeper into a recession, with inflationary prices on gas, food and other commodities, more and more individuals will default on their debts. Recently, I wrote an article for the Credit Law Network about the debt collecter's stock becoming hot on Wall Street. The article made me sick.

How Many Bankruptcies Will Be Filed In 2008?

Wed, 07 May 2008 03:59:43 -0500

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.

Debit Card Do's And Don'ts Part II

Wed, 07 May 2008 03:56:33 -0500

The best way to do this is with a Debit Card tied to your bank account. Naturally, this comes with a bit of responsibility. Debit cards allow you to pay for items by automatically taking money out of your account and sending it to the creditor, so you are not incurring debt at all. Likewise, Visa, Mastercard, Discover, and American Express will not have the ability to charge you interest on the outstanding balance at the end of the month. So, that $5 coffee this morning from Starbucks doesn't wind up costing you $35 in an over the limit fee. This is where I ask my clients to analyze the true cost of things.

Debit Card Do's And Don'ts Part I

Wed, 07 May 2008 02:53:06 -0500

As a Consumer Bankruptcy Attorney, it seems as if a couple of questions are on everyone's mind. One of those questions is: After bankruptcy, how will I rent a car or secure a hotel room if I cannot keep any of my credit cards? My reply is simple: Use your debit card. People are often shocked that yes, they can use their debit cards for this purpose. Yesterday, my friend and colleague in Connecticut, Eugene Melchionne, wrote a blog for the Credit Law Network, titled "Using Debit Cards and ATM's Effectively". After reading Gene's article, it made me think of several reasons why people using debit cards need to be careful.

What Is A Business Bankruptcy? Part II

Wed, 30 Apr 2008 05:14:01 -0500

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.

What Is A Business Bankruptcy? Part I

Wed, 30 Apr 2008 04:46:32 -0500

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.

TIB Financial Corp Showing Losses

Mon, 28 Apr 2008 07:59:15 -0500

As a consumer bankruptcy attorney in Southwest Florida, I hear about financial news as it happens. This is particularly true when it comes to creditors hitting hard times. Many of my clients keep me updated with creditor information like TIB Financial Corp. TIB bank and its affiliates finance cars and real estate. Their 2008 first quarter loss was $1.44 million dollars. This information alone is not so bad; however, when you combine it with the losses from the fourth quarter of 2007 of $6.49 million, then you start to see a problem. In the last 6 months, TIB Financial Corp. has lost almost $8 million.

Is Airline Synonymous With Bankruptcy?

Thu, 24 Apr 2008 07:13:39 -0500

The topic of bankruptcy is usually not discussed by office workers around the water cooler. Nor is bankruptcy discussed at cocktail parties. I can honestly state that no-one has ever said to me, "I have the best bankruptcy attorney in the world", or, "Have you considered speaking with a bankruptcy attorney about that financial decision". Quite frankly, bankruptcy has always been that other b-word, unless you are an airline. We all know that four major airlines have filed for bankruptcy protection over the last few weeks: Skybus ATA, Aloha, and Frontier. Additionally, we all know that Delta recently emerged from bankruptcy protection, and that they lost $6.39 billion in the first quarter of 2008 (accounting write off) or $274 million, whichever you prefer. So, the question is: Is Airline synonymous with Bankruptcy? At this point the jury is still out.

This post was written by Carmen Dellutri, Esq. of The Dellutri Law Group, P.A. Mr. Dellutri is a Board Certified Consumer Bankruptcy Attorney, and he is also one of the founding members of the Bankruptcy Law Network, Mortgage Law Network, Debt Law Network and Credit Law Network.

Are Bees Capitalizing On The Foreclosure Market?

Tue, 22 Apr 2008 06:52:45 -0500

Recently, an article was published by John Leland in the New York Times, American Album series about a local gentleman named B. Keith Councell, a fourth generation bee keeper. I applaud the writer, Mr. Leland, who submitted an excellent article on Mr. Councell, and his calling as the Southwest Florida Bee-man; however, there is also a subliminal message that is very troubling for those of us who live in Southwest Florida. The subliminal message is very simple, foreclosures are a huge problem for our community and that problem has to be dealt with now.

What is Jingle Mail?

Mon, 21 Apr 2008 07:34:33 -0500

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.

Foreclosures In Southwest Florida: It's A Community Problem

Wed, 16 Apr 2008 05:30:35 -0500

It seems that you cannot go anywhere today without hearing someone speaking about what is going on with the foreclosures in Southwest Florida. It's in the newspapers and on the minds of many people living in Southwest Florida. Most people in Southwest Florida will fall into one of three categories: First, there are the rich that will never have to worry about the foreclosure crisis, so we will leave them out of this. We will talk about them later when the stock market takes a dive, and then we can say, we told you so, but you were too busy attending wine auctions that you missed all of the economic indicators predicting a recession. Second, you have the middle class, which is our largest group. Many of these individuals are homeowners with mortgages on their primary residences, and they are feeling the pinch of the recession as their home values plummet. These are the people who have either lost their homes already, live in fear of losing their homes, or are renting somewhere else in an attempt to save their homes.