New Bankruptcy Forms Starting December 1, 2015
As of Tuesday, December 1, 2015, bankruptcy cases filed must be filed with new official documents. The new documents are (allegedly) “easier for debtors to understand and complete,” and designed to facilitate some technical enhancements that will be coming to the court electronic filing system in the near future. A quick glance at the new […]
KEEP READING . . .What Does A Bankruptcy Discharge Mean?
It has happened a number of times to me. A client comes in inquiring about bankruptcy. Often, one of the specific motivations for inquiring about bankruptcy is that the potential debtor owns real property somewhere (PA, FL) that is ridiculously underwater. They have tried short selling the property, to no avail. The lender will not […]
KEEP READING . . .Are Agreements NOT to File Bankruptcy Enforceable?
Once in a while, I speak with someone inquiring about bankruptcy. Many boilerplate agreements, such as residential leases or contracts you can purchase in a store, contain an ipso facto clause – if a party files for bankruptcy, then the contract is terminated. Many, if not most courts, have held that such clauses are unenforceable.
KEEP READING . . .Social Security Bankruptcy: Do you need a social security number to file bankruptcy?
I get inquiries fairly regularly concerning whether an individual that does not have a social security number may file for bankruptcy. When it comes to social security bankruptcy, the answer is yes. In one case out of the Bankruptcy Court for the Southern District of Florida, the court ruled that a debtor without a social […]
KEEP READING . . .IMPORTANT!!! Supreme Court Bankruptcy Case For Homeowners with Second Mortgages (or beyond)!!!
For homeowners, especially those that have dealt with foreclosure and have multiple mortgages recorded against the real property, this post is a MUST-READ for you.
KEEP READING . . .