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Understanding Your Rights: What Debt Collectors Cannot Do

You owe some money, and a bunch of debt collectors know it. Your cell phone buzzes with annoying–and sometimes abrasive–callers, asking questions about your financial circumstances and suggesting that your credit history, wages, and job are at risk if you don’t pay them right now. Thankfully,…

Uninsured Motorist Coverage: What You Need To Know

Next time you’re on I-4, look at the four cars surrounding your own, on your left and right, in front of and behind your vehicle. Chances are that at least one of those drivers is an uninsured motorist, according to these sobering Florida stats. According to one recent study,…

Steps to Take After an Auto Accident

According to Forbes magazine, the average driver is involved in an accident that leads to an auto insurance claim every 17.9 years. Since car accidents are so common, we suggest arming yourself with these guidelines for how to manage yourself and those around you post-accident: 1.…

Your First Consultation With An Orlando Bankruptcy Attorney

For some people, anticipating an initial consultation with an Orlando bankruptcy attorney can be…nerve wracking. Don’t worry! We’re here to calm your fears and arm you with information. Read on, so when you arrive at your first appointment, you’ll be prepared to ask questions, absorb…

“Safe Phone Zones” and the Texting and Driving Epidemic

Earlier this month, the Florida Department of Transportation unveiled over sixty “safe phone zones” at rest areas, welcome centers, and turnpike service plazas throughout the state. The goal of this program is to remind drivers that some places are appropriate for smartphone use, and others—like…

Florida Bankruptcy and Inherited IRAs

Filing bankruptcy in Florida doesn’t mean you have to lose your IRA savings. IRAs (short for Individual Retirement Accounts) are exempt from the liquidation process of a Chapter 7 bankruptcy.  This means you can keep the full value of any IRA account when you file for bankruptcy. IRAs, as well as other…

Orlando Bankruptcy and Foreclosure: A Tale Of Two Courts

The Orlando Sentinel recently reported that until last month, the Metro Orlando area was No. 1 in the country for its rate of mortgage foreclosures. This could explain why so many people have been calling my law firm with questions about mortgage foreclosure and bankruptcy.…

Florida Judgements and Bankruptcy | The Debt Collection Process

Florida judgments seem to be finding their way to my bankruptcy practice lately.  As a result of a new law relating to mortgage foreclosure deficiencies, I am having to help more people who find themselves at the receiving end of the debt collection process.  They are surprised to be getting sued,…

New Florida Law Shortens Deadlines For Mortgage Deficiency Lawsuits

In a mortgage foreclosure deficiency lawsuit, the bank sues the homeowner for the amount due on the mortgage loan after the foreclosure ends. A new Florida law relating to deadlines for mortgage foreclosure deficiency judgments brings good news to Florida homeowners who have lost their home in foreclosure in…

Facebook, Lawsuits, and Florida Courts Be Careful What You Say

Facebook is the subject of another Florida court opinion. This story is a tragic one for the plaintiff, who won his lawsuit against the school that terminated his employment. The schoolmaster sued the school for age discrimination and reached a settlement of $150,000. However, the settlement agreement contained a confidentiality clause…

Facebooking Judge Gets Unfriended by the Court

Florida judges and lawyers on Facebook are in the news again. A Seminole County circuit court judge, who sent a friend request on Facebook to a litigant before her court, is now the subject of an opinion issued from Florida’s Fifth District appeal court.  This judge sent a Facebook “friend request” to…

Orlando Hospital CEOs Are Non-Profiting Millionaires

The CEO of Orlando’s second largest hospital system resigned last week after a year of bad press for Orlando Health, Inc.  Most of the controversy has centered around the slashing of jobs and pay for the primary asset of the hospital system: its staff of…

Orlando Chapter 13 Bankruptcy Plans: What Is My Monthly Payment?

When I discuss an Orlando Chapter 13 bankruptcy plan with new clients, the first question that they ask is: “How much is my monthly payment?” The answer depends on why they are filing Chapter 13 bankruptcy in the first place. Each Chapter 13 payment plan is specific to…

Medical Debt, Personal Bankruptcy Headline Aurora Tragedy

Medical debt and the threat of personal bankruptcy for unaffordable healthcare have surfaced as headlines in the recent mass shooting in Aurora, Colorado. Whatever the gunman’s intentions were, he likely did not mean to call attention to the tragedy that this country’s citizens face if they…

Orlando Short Sale NOW, Before Mortgage Debt Forgiveness Law Expires

A law that helps Orlando homeowners avoid taxes on the short sale of their home is scheduled to expire at the end of this year. A short sale is one of the best non-bankruptcy alternatives for the many Orlando homeowners who are in financial distress…

Filing an Orlando chapter 7 bankruptcy – sometimes it’s not necessary

A very nice Orlando couple who were convinced they needed to file a chapter 7 bankruptcy came to my office today for a consultation. Initially, it seemed that they had good reason to believe that filing a chapter 7 bankruptcy would be a good idea. Their home had been in foreclosure for sometime. …

Orlando Chapter 7 Bankruptcy and Second Mortgage Stripping

Until now, an Orlando chapter 7 bankruptcy has not done much to help a homeowner with an unsecured, or “underwater,” second mortgage on their property.  (These mortgages are also commonly known as HELOCS, or Home Equity Lines of Credit.)  In an Orlando chapter 7 bankruptcy, the courts have refused to remove…

Chapter 13 and 2nd Mortgage Lien

A Chapter 13 and second mortgage lien can be a great combintation.  If the balance of the first mortgage is higher than the fair market value of the home, the homeowner can “strip” the second mortgage lien.  This means that after the homeowner successfully completes a chapter 13 bankruptcy plan, the second…

ORLANDO INVESTOR DENIED CRAM DOWN IN CHAPTER 13 BANKRUPTCY

Orlando bankruptcy attorneys have been helping owners of investment real estate to “cram down” mortgage balances in a chapter 13 bankruptcy.  However, a recent decision in a chapter 13 bankruptcy case shows that there are limits to when a cram down on investment real estate will be granted.  Orlando bankruptcy attorneys have taken notice that chapter 13 bankruptcy requirements must…

Rules for Filing Chapter 7 Bankruptcy in Orlando

Orlando residents who are considering filing chapter 7 bankruptcy should know the rules that apply to their financial transactions.  Filing chapter 7 bankruptcy is based on a very simple agreement with the Orlando bankruptcy court: you will receive an almost immediate discharge of all your debts, in exchange for your…

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