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Avoiding Repossession Of A Motor Vehicle

The Florida Office of the Attorney General states that Florida law applicable to repossession of a motor vehicle by a secured creditor neither requires a court hearing nor written notice warning the ...
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What Is A Secured Debt?

Surprisingly, many individuals who prepare for filing a bankruptcy don’t know the difference between a secured debt and an unsecured debt. Whether or not the filing of a bankruptcy case is the ...
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Payment Options For Resolving A Federal Tax Debt Or Lien

Taxpayers subject to an IRS tax lien have options to pay their delinquent tax debt. The representation of an experienced debt resolution attorney may assist any taxpayer dealing with the IRS to ...
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How A Bankruptcy Stops Garnishment After The Fact

Once wages or a bank account is garnished, an ensuing Chapter 13 bankruptcy filing will typically stop the garnishment. Having wages reduced by a garnishment often causes financial stress and hardship ...
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About IRS Levies For Unpaid Tax Debt

The statutory authority of the IRS allows it to legally seize property when taxpayers fail to pay taxes. A levy is an administrative action by the IRS which takes property, real or personal, to ...
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How A Foreclosure Defense Attorney May Help You

For homeowners, foreclosure is a dirty word. Some of us may recall the image of a dastardly man with a top hat and handlebar mustache tying a damsel in distress to railroad tracks. Sadly, this image ...
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Protecting Yourself From The Repo Man

In Florida, Fla. Stat. § 537.012 covers the repossession and disposal of pledged property. A pledge is a bailment that conveys possessory title to property owned by a debtor to a creditor to ...
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Taxes, Tax Liens & Bankruptcy

Many individuals believe that they may not discharge taxes in a bankruptcy case, and they would be correct in most, but not all, cases. While most taxes are not dischargeable in bankruptcy, income ...
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About Judicial Foreclosures In Florida

As most of its resident homeowners know, Florida leads the nation in foreclosure filings. Foreclosures in Florida are judicial, which requires that a lender file a lawsuit in state court. The lender ...
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Student Loans Driving Americans 50 And Over To Live Below Poverty Level

According to a new study by the Government Accountability Office (GAO), student loan debt is pushing tens of thousands of older and disabled Americans below the poverty line. The GAO generated the ...
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What Is A Fraudulent Conveyance In A Bankruptcy Case?

Bankruptcy trustees are given the power under 11 U.S.C. § 548 to avoid certain transfers made by a debtor of assets that unfairly place them beyond the reach of creditors. A "fraudulent ...
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The Co-Debtor Stay In Chapter 13 Cases

More than one person, typically a spouse, may be liable for a secured or unsecured debt to a creditor. However, in some situations, only one of the responsible parties, or spouses, may decide to file ...
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Do not give up

It is the beginning of the year and many desire the fresh start the New Year promised. But, not everyone’s New Year has brought in all they expected. Many people who determined they were going ...
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Trial Payments And Loan Modifications

Once an application for a mortgage loan modification is accepted, a lender usually requires a borrower to make a series of trial modification payments to demonstrate the ability to once again pay the ...
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Dismissal Of Bankruptcy Cases Under § 521

When bankruptcy debtors do not file all of the documentation required by federal law, they face the dismissal of their bankruptcy case under § 521 of Title 11, also known as the Bankruptcy Code. ...
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Future of the CFPB in Question

I have written a lot about the Consumer Protection Financial Bureau(CFPB) and all that it does to help protect consumers. The newly appointed treasury secretary has signaled that he may be trying to ...
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What Unfiled Tax Returns Mean For Chapter 13 Bankruptcy Debtors

Prospective clients considering bankruptcy often ask if it is possible to file a Chapter 13 bankruptcy case with outstanding, unfiled tax returns. Filing a bankruptcy case with delinquent tax returns ...
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Chapter 7 Bankruptcy Cases, Tax Returns And Refunds

Filing a bankruptcy case while having unfiled tax returns may cause significant problems for bankruptcy debtors in any type of bankruptcy case, whether filed under Chapter 7, 11, or 13. In Chapter 7 ...
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Meeting of Creditors

The filing of a bankruptcy can be an intimidating and overwhelming process, if not carefully planned. For many, the decision to file has come only after the realization that they can no longer stay ...
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Filing Tax Returns And Filing Bankruptcy

Filing a bankruptcy case without filing any outstanding tax returns is never a good idea, and typically causes problems for bankruptcy debtors. In any type of bankruptcy case, whether filed under ...
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Does a Servicer Have to Dismiss Their Case When They Have Received a Complete Modification Application from a Borrower?

Section 12 C.F.R. §1024.41(g) covers issues regarding what is referred to as “dual tracking”. “Dual tracking is the term given to situations in which the lender actively pursues ...
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How A Judgment Creditor May Take Your Damages Award

Some of us are lucky enough to avoid court for an entire lifetime, and some of us are not. An individual may contemporaneously be a plaintiff in one action and a defendant in another. A civil judgment ...
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Consider Alternatives To Payday Loans

A payday loan is a short-term loan in which a lender provides funds to a borrower in exchange for a post-dated check, which includes the loan principal, interest rate, and fee. The lender agrees to ...
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Social Security Income That Is Out of Creditor's Reach in Bankruptcy

In 2005, congress overhauled the bankruptcy code by passing the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Central to this was the enactment of the means test. A list of 14 ...
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What If I Can't Repay My Payday Loan?

Under Florida state law, borrowers are given a 60-day grace period if they are unable to repay a payday loan on the date of scheduled repayment. To qualify for this grace period, borrowers must: (1) ...
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