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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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Payday Loans In Florida

Most people know what a payday loan is. Payday loans, technically known as deferred presentment lending, involve a lender making an advance payment on a borrower's post-dated check. In return for ...
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Facing A Foreclosure Auction?

Unfortunately, many clients come to our office after a foreclosure auction arising out of a Final Judgment of Foreclosure wishing to save their home. These clients cannot file a bankruptcy since the ...
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Options For Debtors Who Fall Behind On Chapter 13 Plan Payments

In the period between the filing of a Chapter 13 plan and its confirmation, debtors may fall behind making their monthly plan payments. Eventually, the local assigned Chapter 13 bankruptcy trustee or ...
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Consequences Of Failing To Make Chapter 13 Plan Payments

When individuals file a Chapter 13 bankruptcy case, they assume the role of Chapter 13 debtors. As such, they are usually required to start making Chapter 13 plan payments roughly one month after the ...
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Loss Mitigation And Foreclosure

Reducing the effects of losing a home is a daunting, thought to every homeowner. After attempts at a loan modification or refinancing fail, feelings of hopelessness, despair, and surrender are much ...
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Foreclosure Sales and Timely Filing for Bankruptcy

Occasionally, a mortgage loan borrower is faced with an upcoming foreclosure sale date of his or her home and has already exhausted all options at the state court level to attempt to cancel the ...
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Timing Is Everything: When And How Is A Bankruptcy Attorney Paid?

An attorney's fees for representing a debtor in a bankruptcy case are not set by the bankruptcy court. They may be approved by the court in some situations but debtors and attorneys are free to ...
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Foreclosure Judgments Are Final

Florida foreclosures are judicial, which means that a lender must bring a lawsuit to obtain a judgment of foreclosure and sell the property to satisfy the underlying mortgage debt. The action proceeds ...
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Can I Amend My Bankruptcy Documents?

Everyone makes mistakes. Bankruptcy debtors make mistakes on their schedules, statement of financial affairs, even their petition. To reverse a mistake, bankruptcy debtors may correct, or amend these ...
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Largest Student Loan Servicer Sued by CFPB

The Consumer Protection Financial Burea(CFPB) just filed a lawsuit against the larges student loan servicing company in the country, Navient, formally known as Sallie Mae. Navient was accused of ...
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Student Loan Assistance Scams

There are legitimate companies that offer useful, recognizably valid services to student loan debtors and are forthright and upfront about charging an appropriate fee. The attorneys at Loan Lawyers ...
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Debt Collector Loses Case But Fails to Recover Fees

One law which protect members of the general public is the Fair Debt Collection Practices Act(“FDCPA”), a Federal law which prohibits a wide variety of harassing and abusive practices by ...
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What Documentation Do I Have To Provide In My Bankruptcy Case?

Filing a bankruptcy case necessitates the disclosure of a debtor's complete, current financial history. It also includes providing tax returns and evidence of earnings to the bankruptcy trustee. ...
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Are Debt Collectors Scamming You?

Members of the public frequently fall victim to a relatively common scam perpetrated by many debt collectors. Many debt collectors will charge “collection costs” or “processing ...
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My School Closed: What Happens To My Student Loan?

ITT Educational Services, Inc., aka ITT Technical Institute, closed its doors on September 6, 2016, and filed for bankruptcy relief under Chapter 7 on September 16, 2016. The closure has caused great ...
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Single Asset Real Estate

As discussed in earlier posts, individual debtors’ whose objective is to save their investment property (which is owned under their name) and are above the monetary jurisdiction limits for a ...
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What Is A Preference In A Bankruptcy Case?

Federal bankruptcy law takes into consideration that when filing a bankruptcy case, prospective debtors may favor or "prefer" certain creditors just immediately prior to filing their ...
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Cash Collateral

When a business files for chapter 11 bankruptcy protection, the first question is what happens to the cash held in the business bank accounts and to the future business income – after all this ...
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What Is A Deficiency Judgment?

Foreclosures in Florida are judicial which means that a lender must utilize the court system to foreclose on the property. A lender may obtain a deficiency judgment as part of the foreclosure action ...
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Bankruptcy Prejudice Periods

There are many reasons that a bankruptcy Court may dismiss a case. The reasons for dismissal range from simple procedural mistakes and missed deadlines to blatant fraud. In the Southern District of ...
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Fannie Mae Announces Flex Modification Program To Help Homeowners

In December 2016, in an effort to assist borrowers, Fannie Mae announced the Flex Modification foreclosure prevention program to replace its Fannie Mae Standard and Streamlined Modifications program. ...
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Have you ever tried to get information from your Lender and you get slapped with one of these: Or These kind of responses provided by different servicers is just one of the many examples of the ...
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How The Fair Credit Reporting Act Protects Consumers

The Fair Credit Reporting Act (FCRA) provides consumers with many rights related to the collection and dissemination of the credit history. Here is a summary of the major rights of consumers under the ...
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