Category Archives: Chapter 13 Bankruptcy
How Does Filing For Chapter 13 Affect a Foreclosure Proceeding Against Me?
Many Miami-area residents fall behind on their mortgage payments. If you are in this situation and are now facing foreclosure, filing for Chapter 13 bankruptcy may offer you a chance to keep your house. When you file for bankruptcy, the court issues an “automatic stay,” which prevents your creditors–including your mortgage lender–from taking any… Read More »
When Are Credit Card Debts Unenforceable in a Chapter 13 Bankruptcy?
Many Florida residents file for Chapter 7 or Chapter 13 bankruptcy due to mounting credit card debt. But before you seek bankruptcy protection, you should know that depending on how old your credit card debt is, the lender may have no legal recourse against you. This is because credit card debt is subject to… Read More »
What Happens If I Convert a Chapter 13 Bankruptcy to Chapter 7?
In a Chapter 13 bankruptcy, a debtor submits a payment plan to the court. This plan ensures the debtor’s disposable income is used to pay back his or creditors as much as possible. But what if circumstances change and the debtor no longer has sufficient income to fulfill the payment plan? In such cases… Read More »
How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?
In a divorce, the parties reach an agreement on how to divide any property held or acquired by the marriage. Once approved by a Florida court, this agreement forms a binding contract. But what happens when one of the former spouses files for Chapter 13 bankruptcy? Does bankruptcy affect the other spouse’s rights under… Read More »
How Chapter 13 Bankruptcy Can Help You Keep Your Home
If you have fallen behind on your mortgage payments, filing for Chapter 13 bankruptcy may help you keep your home. When you file for bankruptcy, the court issues an automatic stay that immediately stops any pending foreclosure action. Chapter 13 then allows you to “reorganize” your debts and work out a payment plan with… Read More »
Can the State Harass Me Over Child Support Payments After a Chapter 13 Bankruptcy?
Filing for bankruptcy automatically stops—or stays—most efforts to collect debts that you owe pending resolution of your case. But there are several exception to this automatic stay rule. For example, a bankruptcy petition will not stop efforts to collect or enforce child support payments. In fact, since any property that you acquire after filing… Read More »
Can Debt Collectors Use Bankruptcy to Collect Older Debts?
In a Chapter 13 bankruptcy, a debtor agrees to pay back some of his or her debts under a plan approved by the bankruptcy trustee and the court. This plan assumes the debts are valid. But in recent years, third-party debt collectors have aggressively used the bankruptcy code to try and receive payment for… Read More »
When Should I Consider Filing for Bankruptcy?
Credit card debt is a fact of life for many of us. And if you are behind on your bills and have started receiving letters from debt collectors demanding immediate payment, you might wonder if filing for Chapter 7 or Chapter 13 bankruptcy is the right move. While bankruptcy does afford many debtors a… Read More »
What To Do If You Can’t Pay Your Bills
The economy has improved since the start of the 2008 recession, but that does not mean it’s back to normal for everyone. As recent studies show, many South Floridians have still been left behind. A recent report shows that, although Florida’s wealthiest 1% saw a 40% increase, everyone else’s income dropped by 7%. Further,… Read More »
Almost 50% of Florida Families Near Bankruptcy Despite Employment
In the wake of the “Great Recession,” many Florida families still face financial difficulty. A recent report published by the United Way demonstrates how many more hardworking families are at risk of financial failure than you might expect. Although it can be difficult to face, filing for bankruptcy can have a positive long-term effect… Read More »