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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 a bankruptcy case. If a debtor decides to file a Chapter 13, the automatic stay…

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 to eat healthier, spend more quality time with their families, become debt free, etc, are…

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 mortgage. Once this trial period is successfully completed, typically a homeowner is more likely to receive a…

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. The “automatic dismissal” provisions under 11 U.S.C. §521(i) may apply to any bankruptcy case. An assigned…

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 limit the CFPB’s authority. How this will effect consumer protection litigation in South Florida is unclear at…

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 is simply not a good idea since it may cause a Chapter 13 case to be dismissed by the Bankruptcy…

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 cases, failing to file tax returns may cause a debtor to lose a tax refund or have his…

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 the course and they need the court’s equitable intervention. Hopefully, an experienced bankruptcy attorney has assisted…

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 Chapter 7, 11, or 13, one of the many documents required to be completed and submitted by all debtors…