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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 questions known as Form 122A. this determines whether there is disposable income available to pay creditors and therefore…

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 cash, the borrower provides this check typically dated as of the date of the borrower’s next paycheck. Most attorneys…

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 sale already took place. However, not all is lost for the client. Under Fla. Stat. §45.031, a client…

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 a creditor will file a motion requesting the court to dismiss the case. However, even in this situation,…

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 commencement of their case. At this time, such plan is only in the form of a…

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 more pervasive than thoughts attempting to achieve some degree of damage control. However, there are alternatives to assist homeowners…

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 negotiate a fee for representation in a bankruptcy case. Most bankruptcy lawyers charge a flat…

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 foreclosure sale date without success. If the borrower is otherwise eligible to file for bankruptcy, however,…

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 normally like any other lawsuit and the defendant-borrower must be served with the complaint. When the Florida Fair…