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Blog Posts in April, 2017

A Chapter 13 Bankruptcy Case Stops Foreclosure

If a homeowner has received a foreclosure notice from a lender, such a sale may be postponed by the filing of a Chapter 13 bankruptcy case. A bankruptcy filing places the automatic stay in effect ...
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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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