What small businesses and their owners need to know about the new Chapter 11 Sub-chapter 5
What is Sub-chapter 5 The Sub-chapter 5 of Chapter 11 Bankruptcy is a legal mechanism that allows companies and owners in financial duress to reorganize their finances and operations into a repayment plan that will allow for all debts to be paid, in part or in whole, to the creditors who are owed money. It […]
4 Signs you are headed towards bankruptcy
People think that filling for bankruptcy is abrupt. One day you are living your life as usual, the next you are selling everything you ever owned so your debtors won’t sue you into oblivion. Yet, that’s not at all what happens. There are, in fact, several warning signs that someone is heading towards bankruptcy, and […]
Debunking 6 Myths About Bankruptcy
Bankruptcy is often misunderstood, leading many to shy away from this valuable financial tool out of fear and confusion. In reality, bankruptcy can provide a fresh start for individuals overwhelmed by debt. Unfortunately, myths about bankruptcy persist, keeping people from seeking the relief they need. In this post, we’ll debunk six common misconceptions, offering clarity […]
Jensen Beach Bankruptcy Lawyer for Your Legal Needs
Are you overwhelmed by debt and struggling to make ends meet? If you’re facing financial challenges in Jensen Beach, Florida, it may be time to consider bankruptcy as a viable solution. Filing for bankruptcy can provide you with the opportunity to eliminate or restructure your debts, giving you a fresh start and the chance to […]
Finding the Right Port St. Lucie Bankruptcy Lawyer
Navigating the complex world of bankruptcy law in Florida’s Treasure Coast can be overwhelming, but with Jon L. Martin, Attorney at Law by your side, you can find a way out of financial turmoil. Here are some key steps to help you find the perfect legal representation for your needs. Understanding Bankruptcy in Florida Bankruptcy […]
Save Your Small Business – SBRA / Subchapter 5 in Chapter 11
Help your Clients Get Relief from Personal Guarantees on Business Debt thru the SBRA. More and More Small Business Owners are struggling with debt not only on their business but personally as well. That’s because almost all small business debt is personally guaranteed by the owners, either on bank loans, or personal credit cards they […]
Eliminate small business debt and personal liability
New Subchapter V Saves Local Trucking Company The case referred to above was filed shortly after the new law went into effect and was recently confirmed as a Consensual Plan resulting in cash flow savings of well over $7,500.00 per month which allows the family owned company to maintain necessary rolling stock and equipment; eliminate […]
Retirement Funds “Safe” in Bankruptcy? Not so fast!
Everyone “knows” 401K funds, IRA’s and other Retirement funds are exempt in bankruptcy, “. . . to the extent that those funds are in a fund or account that is exempt from taxation under section 401,403,408,414,457 or 501(a) of the Internal Revenue Code of 1986. 11 U.S.C. §522(d)(12)(2018)” … until now! Recently, the Bankruptcy Appellate Panel […]
Chapter 12?
Most people think Bankruptcy falls under either Chapter 7 or Chapter 13. These are the basic consumer formats. Chapter 7 is basically a straight liquidation of non-exempt assets; while Chapter 13 supposedly allows a debtor to retain non-exempt assets through what is essentially a “buy-back” plan over a 3 to 5 years period. Some people (especially small business owners and […]
Seniors: The Next Wave of Bankruptcies?
The rate of people over the age of sixty-five who are filing bankruptcy has more than tripled since 1991, according to recent study done by the “Consumer Bankruptcy Project”. Continuing at the current rate, Bankruptcy Courts will soon be overrun with the financially devastated elderly. 12.2% of filers are now 65 or order, as opposed to 2.1% […]
What Does A Bankruptcy Attorney Actually Do Besides File Bankruptcies?
I recently had a client come to me seeking bankruptcy help because she could no longer pay her bills due to an accident injury that left her unable to work. The wife of a retired Police Officer, she was mortified by the thought of having to file bankruptcy, but didn’t know what else to do. […]
How Do I Value My Possessions When I File?
Most people tend to grossly overvalue their possessions for Bankruptcy valuation purposes. It’s not how much you paid for them. It’s not how much you would have to spend to buy new or replace them. Nor is it what someone has listed similar items for in the paper or online. (Bear in mind, asking price […]
What to do If You Can’t Afford a Chapter 7 Bankruptcy Lawyer
People sometimes think they can’t afford an attorney to file Chapter 7 bankruptcy. They might consider the following alternatives. Filing for Chapter 7 Bankruptcy without an Attorney Bankruptcy laws don’t require you to have an attorney, however, read the article “Don’t try this at home,” Bankruptcy laws are complex, even simple Chapter 7 cases require you […]
10 Don’ts in Preparing to File Bankruptcy
1. Don’t transfer assets to anyone unless it is a genuine sale for fair value. 2. Don’t borrow money without talking to your attorney first. 3. Don’t write bad checks.
How to Find the Best Probate Attorney Port St. Lucie Florida
Looking for the Best Probate Attorney Port St. Lucie Florida? Things can get complicated after losing a loved one. Many questions can arise along the way. How do you carry on with the probate? How do you know how much inheritance you are entitled to? If you are asking similar questions, you need the help of […]
Why Do You Need a Probate Attorney in Port St Lucie Florida?
When a person dies, complexities may arise in the administration of the estate of the deceased person, otherwise known as the decedent. A Probate Attorney Port St Lucie Florida can help with the administration of estate of the decedent. In Florida, there are 2 types of probate: formal administration and summary administration. The probate process can be […]
Options If You Can’t Afford a Chapter 7 Bankruptcy Lawyer
Filing for Chapter 7 Bankruptcy without an Attorney Bankruptcy laws don’t require you to have an attorney, however, read article “Don’t try this at home”. Bankruptcy laws are complex, even simple Chapter 7 cases require you to complete extensive forms, research exemption laws, and follow all local court rules and procedures. Consult an attorney if […]
How do I choose a Bankruptcy Attorney in Port St. Lucie?
Choosing a Bankruptcy Attorney in Port St Lucie is a very individualized process. You have to have someone who really has experience in the process. Bankruptcy is not a simple process by any means. You need to have somebody you are comfortable with as well, because if you are not comfortable with the attorney that you choose, […]
The Biggest Bankruptcy Myths
By bankruptcy lawyer in Post St Lucie Jon L Martin, the author of “What Everyone ought to Know about Debt Relief Today!” Where do you get your information about bankruptcy? As a bankruptcy lawyer in Port St Lucie Florida, I’ve learned that the buzz about bankruptcy isn’t always true. Here are a few of the biggest bankruptcy myths: […]
Choosing the Right Bankruptcy: Chapter 7, Chapter 11, or Chapter 13?
When we get a new client asking for bankruptcy relief, most of them aren’t sure what chapter they should be filing under. Bankruptcy law can be very complex, and what chapter you file under will greatly impact your obligations going forward. In this article we will provide a consolidated rundown of what each chapter means and […]
Bankruptcy and Tax Refunds For 2018
By Bankruptcy Lawyer in Post St Lucie Jon L Martin, the author of “What Everyone ought to Know about Debt Relief Today!” OK! So you’ve finally decided to file bankruptcy! You figure you’re going to get a big tax refund anyway and it will help start you on your way to a new financial life. […]
Non-Dischargeable Debts
By Bankruptcy Lawyer in Post St Lucie Jon L Martin, the author of “What Everyone ought to Know about Debt Relief Today!” Filing for Chapter 7 Bankruptcy can be a great way to start again with a clean slate. Such procedures will help relieve the burden of debt for those who have gotten in over their heads. […]
Chapter 13 – Don’t Try This at Home!
A recent article in the American bankruptcy Journal shows the success rates of chapter 13’s filed by debtors who filed Chapter 13 without the guidance of a bankruptcy attorney. The difference between those who filed with an attorney and those who didn’t are striking. Moreover, when three other considerations are taken into account, the probabilities of success […]
Financial Mistakes That Lead You to a Bankruptcy Lawyer in Port St Lucie
There is no shame in bankruptcy. That is a point we have tried to emphasis throughout this site. Things happen, and you sometimes need help to get through it. While it is better to file for bankruptcy rather than let debts that you can’t afford to repay pile up, it is even better to not place […]
Bankruptcy Lawyer Port St Lucie – 4 Misconceptions About Credit Card Debt
1. You only need to pay the minimum each month. Your credit–card bill will show the total amount you owe and a minimum payment, typically about 4% of your bill. Paying at least the minimum payment b ythe due date keeps you current and helps your credit score, a key way lenders grade your financial behavior. […]
How to Wreck Your Bankruptcy Claim – Use Facebook
By using Facebook, and other social networking sites, you can look up information on a long lost friend, someone you may be interested in dating, or do some investigating on your daughter’s new boyfriend. This brings up the question, where would you look to find dirt on someone? Would you look in the same places? […]
Bankruptcy Lawyer Port St Lucie – DEBT SETTLEMENT OR BANKRUPTCY?
Increased regulation and enforcement has resulted in a much smaller number of debt settlement companies. Most persuade at least some creditors to forgive at least part of the debt. This usually requires a lump sum payment. Some people experience what they consider to be satisfactory results with debt settlement companies. But they might not feel […]
5 Things Bankruptcy Court Won’t Tell You
Part 2 from a 2 part series of articles 10 Things Bankruptcy Court Won’t Tell You 6. Don’t settle with Mom first or fudge the condo in Boca. Many debtors naturally want to pay back friends and family before filing for bankruptcy. Yet that can be a big mistake. Any money repaid to “insiders”—including relatives, friends and […]
4 Ways to Raise Your Credit Score Quickly After Filing Bankruptcy
1. Damage control. Make sure all the accounts you included in your bankruptcy are listed as such, and show $0 balances if you filed Chapter 7. If a creditor continues to report the account as delinquent –which they shouldn’t- your credit score will suffer.
No Money Down Bankruptcy?
No money down bankruptcy? It is not commonly known that, as many as 70% of Chapter 13’s fail. Because of the limited budget allowance demanded by the Bankruptcy code, unforeseen additional setbacks in the debtors finances forces many Bankruptcy filers to either dismiss their case (in which case they end up right back where they […]
Bankruptcy Lawyer Port St Lucie – Top 3 Reason NOT to Reaffirm a Mortgage in Bankruptcy
1. Truth is, if the lender is not going to report to the credit bureau, the debt to income ration should be minimized by not reaffirming the mortgage. 2. Borrower‘s struggling through a Chapter 13 have a hard time making mortgage payments on time; thus the likely hood of negative information is high if reaffirmed. 3. If not reported, the borrower can name the payment here or there, catch up payment, and pay whatever late fees accrue; all without risking a negative trade line on a credit report.
Business Bankruptcies on The Rise Again
Business bankruptcies of all sizes including major corporations, and especially local small Mom and Pop Businesses are failing more and more particularly in the retail areas as the impact of on line shopping hits closer and closer to home. The American Bankruptcy Institute indicates a 40% increase in commercial bankruptcies from May of 2014 to May […]
Don’ts in Preparing to File Bankruptcy (Part 3)
21. Don’t omit or ‘save” a credit card for after your bankruptcy.22. Don’t fail to list debt to family or other “insiders”.23. Don’t write bad checks.24. Don’t give creditors postdated checks.25. Don’t borrow money without talking to your attorney first26. Don’t forget to tell your attorney about liens or unpaid judgments on your home.27. Don’t make major financial decisions without talking to […]
Don’ts in Preparing to File Bankruptcy (Part 2)
11. Don’t give of gift property to anyone.12. Don’t transfer assets to anyone unless it is a genuine sale for fair value.13. Don’t cash out retirement plans or 401k’s.14. Don’t gamble.15. Don’t hide assets or debts.16. Don’t forget timeshares or co owned property.17. Don’t omit unfiled legal claims you have.18. Don’t forget stock options, profit sharing plans, or pension rights.19. Don’t take out payday […]
4 Ways to Keep Your Stuff
1. Confirm a chapter 11 or chapter 13 plan under §1123 & §1129(a) although both are ride with too many complications to address here. 2. Redeem it. Special rules apply to certain vehicles but essentially the debtor is entitled to buy the property from the estate at a value determined by the court, Say a debtor owes […]
Six Myths About Bankruptcy (Part 2)
6. It’s really hard to file for bankruptcy. It’s really not. You don’t even technically need an attorney. However, it’s not recommended to go through the procedure without one. I have seen more than one person leave the 341 hearing with rivers of tears flowing when some expertise from Bankruptcy Lawyer Port St Lucie would have avoided any […]
Six Myths About Bankruptcy (Part 1)
1. Everyone will know I’ve filed for bankruptcy. Unless you’re a prominent person or a major corporation and the filing is picked up by the media, the chances are very good that the only people who will know about a filing are your creditors. While it’s true that bankruptcy is a public legal proceeding, the numbers […]
5 Dumbest Things NOT to Do Prior to Filing Bankruptcy (Part 2)
6. Be careful on trying to pay mortgage payments ahead. Sometimes what looks like smart financial planning turns out to be a problem. One example is an attempt to pay your mortgage payments ahead. Let’s say you know you are going to be on short term disability for a while. You take your savings and use […]
No Money Down?
It is not commonly known that, as many as 70% of Chapter 13’s fail. Because of the limited budget allowance demanded by the Bankruptcy code, unforeseen additional setbacks in the debtors finances forces many Bankruptcy filers to either dismiss their case (in which case they end up right back where they started); modify the case […]
Financial Slip-ups to Avoid.
Raiding your 401(k). Don’t think of retirement savings as “now” money. It’s money you’ve got to save for later. “Some people use their IRAs, and wind up in bankruptcy,anyway.” Even if you end up having to use it post bankruptcy, it will go a lot further towards survival of your family after bankruptcy;
5 Dumbest Things Not to Do Prior to Filing Bankruptcy (Part 1)
1. Don’t tap your retirement funds. One frequent mistake made by people in financial trouble is to take money out of a 401k plan or IRA in order to pay things like credit card debt. Retirement funds like 401Ks and IRAs are protected from both creditors and bankruptcy trustees. Creditors can’t take the money, and there […]
Financial Mistakes That Lead You to a Bankruptcy
There is no shame in bankruptcy. That is a point we have tried to emphasis throughout this site. Things happen, and you sometimes need help to get through it. While it is better to file for bankruptcy rather than let debts that you can’t afford to repay pile up, it is even better to not […]
Why You Need a Bankruptcy Lawyer Port St Lucie
Over the last several years as a Bankruptcy Lawyer Port St Lucie, I have seen folks struggle against overwhelming odds to keep the bills paid, food on the table for their children, clothes on their back and a roof over their heads. Many soon find themselves cutting back on groceries, medical and dental care to […]
11th Circuit Agrees, Home Surrender is Permanent
Failla v. Citibank, N.A. (In re Failla), 838 F.3rd 1170 (11th Cir. 2016) The 11th Circuit has agreed that once a debtor makes the election to surrender their home on the statement of intention in the petition they cannot then turn around and “undo” the surrender and oppose a foreclosure in state court. The court went so far […]
Small Business Bankruptcy Filings Increase
Small business owners filed 2326 cases under Chapter 13 which represented an increase of 10% from 2015. Thus, closely held businesses, and dba’s that qualified to file chapter 13, mirrored somewhat the Chapter 11 business filings (up 2% at 7,450), and represented the only significant increase in bankruptcy filings for 2016 according to the judicial […]
Outlook on Bankruptcy For 2017
No one knows for sure what the future holds but sometimes it’s good to take a look at where we’ve been and where we’re at now to see if there are indications of what we can expect going forward. Not the least of these is the fact that we have a new administration in Washington […]
What are the different types of bankruptcy?
There are numbers of different chapters that people can utilize in a bankruptcy code. Chapter 7, of course, is for consumers and businesses that wish to liquidate debt. Chapter 13 is generally restricted to consumers who for one reason or another wish to retain certain property, that otherwise, they would not be able to; and allows […]
Hope for Student Loan Relief?
With the start of a New Year and a New Administration in the White House, one has to wonder if there might finally be some progress made in regards to Student Loan Relief that is meaningful through Bankruptcy. After all, President Elect – Trump of all people, should realize the value such relief could bring […]
Protecting an Inheritance In Bankruptcy
Generally speaking bankruptcy and asset protection are not thought of in the same sentence or conversation. Nevertheless, “bankruptcy planning” and “asset protection” all have similar concerns. Basically, these concerns include advanced planning or the positioning of assets; avoidance of claims regarding fraudulent conveyances; fraud; protection of inheritances and other considerations all play important roles in […]
Reasons For And Against Filing Personal Bankruptcy
I enjoy receiving harassing telephone calls from debt collectors at all times of the day. I enjoy when my doorbell rings and I meet another process server or sheriff’s deputy serving me with yet another collection or foreclosure lawsuit.
Why You Need a Bankruptcy Lawyer
Over the last several years as a Florida Bankruptcy Attorney, I have seen folks struggle against overwhelming odds to keep the bills paid, food on the table for their children, clothes on their back and a roof over their heads. Many soon find themselves cutting back on groceries, medical and dental care to maintain impossible […]
Lesser-known Student Loan Solution
A recent article in the national association of chapter thirteen trustees newsletter reminds us that, “just because your private student loan uses the term “student loan” doesn’t mean it is one.” It reminds us that, “a student loan must be from an “eligible educational institution” to be considered non-dischargeable. If it’s not, getting rid of it […]
Are We There Yet?
Parents are familiar with the question posed above by their children who have lost all patience with the long range journey. The same question comes to mind for those people who have been hoping to avoid filing bankruptcy by riding a rebound in the Real Estate market. Why does the current Real Estate market play […]
Courage on All Fronts
Each month I teach a class on bankruptcy at Cummings Library in Palm City as part of the Southern District of Florida’s Federal Bankruptcy Court’s “Pro Se” Program. Over the course of the year, many attendees learn how to help themselves, family, and/or friends resolve their financial difficulties. They learn about Bankruptcy avoidance, as well […]
Dying to get rid of your Student Loans? Don’t Bother!
The need to reform bankruptcy law to allow discharge of student loans has been a repeated subject in this section. This month’s report again shows how some student loan agencies take absurd advantage of the status quo. Hopefully you will agree that change is needed. According to a recent article in the Miami Herald, an […]
Bankruptcy Aftermath: Restoring Your Credit
Most of my job is helping people get through the bankruptcy process and out the other side in one piece. Once we have gone through the courts and established a plan, my job is done – but yours is not. One theme about bankruptcy you will find when talking to me or going through this […]
Revocable Trust or Irrevocable Trust?
We’re going to take a break from bankruptcy today to talk about living trusts. These trusts help to distribute your assets after death. There are two major types of living trusts you can form: revocable and irrevocable. In this article we will go over the differences between the two in order to help you better […]
Mortgages, Student Loans & Bankruptcy Mortgages
Two of our local judges recently posted an article regarding their travels through the Real Estate Collapse and resulting Foreclosure Crisis. Their analysis reassembles four chapters in a yet unfinished volume. Some of this insight follows: In the first chapter the jurists note, “Liberalized credit, inflated real estate appraisals, unsustainable repayment terms, securitization of mortgage loans, and sloppy lending practices […]
What Allows Discharge of Student Loans in Bankruptcy?
Bloomberg Business recently published an article that pretty much shows the reality of how much “hardship” is required under the “undue hardship” standard when determining if a debtor can discharge student loans in bankruptcy. The Headline read: “Courts Rule That Disabled Woman Living Below the Poverty Line Must Repay Student Loans.” “Despite providing that paying back […]
Don’ts in Preparing to File Bankruptcy (Part 1)
1. Don’t leave out bank, checking, savings, brokerage, credit union accounts.2. Don’t use your credit cards.3. Don’t take credit cards cash advances.4. Don’t use convenience checks.5. Don’t make balance transfers.6. Don’t pay debts to family.7. Don’t pay debts to friends.8. Don’t tell a creditor you intend to pay.9. Don’t leave assets of any kind […]
Top 3 Reason NOT to Reaffirm a Mortgage in Bankruptcy
1. Truth is, if the lender is not going to report to the credit bureau, the debt to income ration should be minimized by not reaffirming the mortgage. 2. Borrower‘s struggling through a Chapter 13 have a hard time making mortgage payments on time; thus the likely hood of negative information is high if reaffirmed. […]
4 Misconceptions About Credit Card Debt
1. You only need to pay the minimum each month. Your credit-card bill will show the total amount you owe and a minimum payment, typically about 4% of your bill. Paying at least the minimum payment by the due date keeps you current and helps your credit score, a key way lenders grade your financial behavior. […]
4 Ways to Raise Your Credit Score Quickly After Filing Bankruptcy
Damage control. Make sure all the accounts you included in your bankruptcy are listed as such and show $0 balances if you filed Chapter 7. If a creditor continues to report the account as delinquent –which they shouldn’t- your credit score will suffer.
Ten Things Bankruptcy Court Won’t Tell You
1. Personal bankruptcy is not just for the poor. Linda Johnson, an entrepreneur in Georgia, built a life around her six- figure income. But when her new business collided with the credit crunch, Johnson found herself facing a financial fate she never anticipated. “It’s a far way to fall,” she says. Meet the new face of […]
8 More Financial Slip-ups to Avoid
1. Raiding your 401(k). Don’t think of retirement savings as “now” money. It’s moneyyou’ve got to save for later. “Some people use their IRAs, and wind up in bankruptcy,anyway.” Even if you end up having to use it post bankruptcy, it will go a lot further towards survival of your family after bankruptcy;
Other Don’ts in Preparing to File Bankruptcy
1. Don’t leave out bank, checking, savings, brokerage, credit union accounts.2. Don’t use your credit cards.3. Don’t take credit cards cash advances.4. Don’t use convenience checks.5. Don’t make balance transfers.6. Don’t pay debts to family.7. Don’t pay debts to friends.8. Don’t tell a creditor you intend to pay.9. Don’t leave assets of any kind off of your paperwork.10. Don’t fail […]
4 Ways to Keep Your Stuff
1. Confirm a chapter 11 or chapter 13 plan under §1123 & §1129(a) although both are ride with too many complications to address here. 2. Redeem it. Special rules apply to certain vehicles but essentially the debtor is entitled to buy the property from the estate at a value determined by the court, Say a debtor owes […]
Supreme Court Justices Hear Lien Stripping Cases
On March 24th, The Supreme Court heard oral arguments in the cases of Bank of America v. Caulkett and Bank of America v. Toledo-Cardona. Ever since the 11th Circuit turned Chapter 7 lien stripping on personal residences on its ear, Bank of America has been desperate to get the arguments involved in these cases before the U. S. […]
Ten Dumbest Things NOT to Do Prior to Filing Bankruptcy
1. Don’t tap your retirement funds. One frequent mistake made by people in financial trouble is to take money out of a 401k plan or IRA in order to pay things like credit card debt. Retirement funds like 401Ks and IRAs are protected from both creditors and bankruptcy trustees. Creditors can’t take the money, and there […]
Plan confirmation and Res Judicata
A confirmation order may only be revoked if it was procured by fraud. 11 U.S.C.§ 1141. And as long as creditors knew or should have known of the treatment they would receive under the plan, and the plan conclusively determines how the claims in question will be handled, creditors cannot come later to complain. The […]
Five Signs You are Headed for Bankruptcy
1. Denial. It’s been tough, but looks like we made it!” Really? Take a look around. Have you taken any time to think about the future and what it might contain? What contingency plans do you have if your situation suddenly goes very wrong? Bankruptcy is never a first choice, but it may be the only […]
Twelve Myths About Bankruptcy
1. Everyone will know I’ve filed for bankruptcy. Unless you’re a prominent person or a major corporation and the filing is picked up by the media, the chances are very good that the only people who will know about a filing are your creditors. While it’s true that bankruptcy is a public legal proceeding, the […]