Articles

Types Of Bankruptcy

There are different types of bankruptcy that allow you to regain control of your finances. The articles below provide general information on a variety of bankruptcy issues as they relate to the different types of bankruptcy:

• What debts must be repaid under the Chapter 13 payment plan?
• Understanding the differences between Ch. 7 and Ch. 13 bankruptcy in FL
• Common myths about the bankruptcy process in Florida
• Discharging Income Tax Debt in a Chapter 7 Bankruptcy, What is Considered Willful Evasion?
• Chapter 20 Lien Stripping
• Dismissal of Chapter 7 Bankruptcies Based Upon Totality of Circumstances
• Converting From a Chapter 7 to a Chapter 13 Is Not an Absolute Right!
• Supreme Court Adopts the Forward-Looking Approach to Projected Disposable Income in Chapter 13

Debts And Bankruptcy
Knowing how to handle debts if you are considering filing bankruptcy, or knowing how debts are handed in bankruptcy, are two important aspects of obtaining a financial fresh start. Below are a number of articles that are provided to enhance your general knowledge of debts as they relate to bankruptcy:

• A Debtor’s Membership Interest In A Multi-Member LLC,What Does A Trustee Receive?
• Planning to file bankruptcy? Don’t repay your debts
• What happens if I am contacted about a debt during or after bankruptcy?
• Dischargeability of Debt for “Willful and Malicious Injury”
• Study: a cancer diagnosis often results in bankruptcy
• Striping Off Wholly Unsecured Mortgages in Chapter 7
• Defining “Defalcation” in the Context of Dischargeability
• Conceal an Equitable Interest . . . Lose Your Discharge
• Automatic Bank Account Freezes: Can They Do That?
• Late Filed Claims
• Revocation of a Bankruptcy Discharge
• Bare Legal Title and Resulting Trusts
• 707-a-Bad-Faith
• The-Continuing-Evolution-of-Lien-Stripping
• Dischargeability of Liability for Co-Obligors of Student Loans

Rebuilding Credit After Bankruptcy
It is possible to rebuild your credit after bankruptcy. Though talking with an attorney about your specific situation is the best step to take, below are some articles that can help you understand the process of rebuilding credit after bankruptcy:

• Practical tips for rebuilding credit after bankruptcy
• How to raise your credit score after a bankruptcy discharge

Exemptions
When filing bankruptcy, it is important to have an understanding of what types of exemptions there are. This can help you to know what will be included in your bankruptcy filing and what may be excluded. The articles below provide a wealth of information on different aspects of the exemptions that relate to bankruptcy matters:

• Exemption From Credit Counseling Requirement
• Supreme Court Decides Exemption Case
• A Remainder Interest in Property Can Qualify as Homestead Exempt
• Surcharging Exempt Assets…Update
• Modular Homes and the Personal Property Exemption
• Florida Legislature Increases Personal Property Exemption
• Can You Waive Your Constitutionally Protected Homestead Exemption?
• Can You Waive Your Constitutionally Protected Homestead Exemption? An Update on the DeMayo Opinion
• A-New-Twist-on-Florida-s-Enhanced-Exemption
• Exemption of Non Head of Family Wages
• Debtors Who Relocate From Florida Are Eligible for Federal Exemptions
• Can-a-Bankruptcy-Court-Surcharge-Exempt-Assets
• Bank Accounts and Tenancy By the Entirety
• Trustee’s Obligation to Comply With State Law
• Inherited IRAs Qualify as Exempt
• Invervivos Trust Not Property of Estate
• Private Employers Can Discriminate Against Debtors When Hiring
• Surcharging Exempt Assets
• Florida Supreme Court Rules Homestead Cannot Be Waived
• BAPCPA and TBE, Existing Together in Florida
• Can a Residence Held By a Revocable Be Validly Claimed As Homestead Exempt?
• The-Effect-of-Spendthrift-Trusts-in-Bankruptcy
• Tenancies-By-The-Entirety-And-Joint-Tax-Refunds

Ponzi Scheme Matters
Ponzi schemes are all too common in today’s society. Individuals and businesses may lose millions of dollars as a result. Below are some articles that provide information on ponzi schemes and how they are being handled by the justice system:

• The Madoff Fraud And The Role of SIPC
• Banyon-Trustee-Sues-Insurers-to-Cover-70m-in-Ponzi-Losses
• Eleventh Circuit Decides Ponzi Scheme Case
• Ponzi Schemes: Let the Investor Beware!

Family Law And Bankruptcy
Bankruptcy cases that involve family law issues, and vice versa, can be complicated. It is best to talk to an attorney about how either case may move forward while taking the other into account. The articles below can provide information that can help you understand the complicating factors in family law and bankruptcy cases:

• Demystifying-the-B-Word-in-Family-Law-Cases-Key-Bankruptcy-Concepts-for-Family-Law-Attorneys
• BAPCPA: Changes That Impact the Family Law Practitioner
• Family-Law-and-Bankruptcy-Post-BAPCPA
• State Held in Contempt for Attempting to Collect Past-Due Child Support
• Enforcing Domestic Support Obligations In Bankruptcy Court

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