Can an immigrant file for bankruptcy? Yes, an immigrant can file for bankruptcy, whether or not such immigrant’s presence is legal or illegal in the United States. Section 109 of the Bankruptcy Code defines who may become a debtor in bankruptcy. Subsection (a) of Section 109 details that any person that resides, or has a [...]
What is being judgment proof? How does one determine judgment proof status? In order to answer those questions, one must first ask the following questions: 1) Are you gainfully employed at the moment? 2) Do you have any tangible property (vehicle, motorcycle, collectible, etc.) or intangible property (bank accounts, stock portfolio, etc.) with equity? [...]
Many people have wondered, now that the Defense of Marriage Act (DOMA) has been held unconstitutional by the United States Supreme Court, can a same-sex married couple file a joint bankruptcy petition? The short answer is a resounding YES. The victory in United States v. Windsor argued before the U.S. Supreme Court means that [...]
What is Loan Modification Through Bankruptcy? Effective April 1, 2013, the Southern District of Florida (Broward, Miami-Dade, and Palm Beach counties) has implemented a brand new program called Loss Mitigation Mediation (LMM). Among other things, this program is designed to function as a loan modification through bankruptcy. The goal of this program is to facilitate [...]
Section 541 of the Bankruptcy Code dictates the content of a debtor’s personal belongings, including receivables, which automatically become part of a debtor’s bankruptcy estate the moment his/her case is filed. In other words, if you have not filed your tax returns prior to the filing of bankruptcy, any tax refund that you’re entitled to [...]
What Are Wage Exemptions in Florida? In the state of Florida, the head of household enjoys an unlimited amount of exemption in bankruptcy. Head of Household includes any natural person who is providing more than one-half of the support for a child or other dependent. All of the disposable earnings of a head of family [...]
Mortgages, credit lines, lines of equity, or even car loans (financing) are considered secured debts because they are secured on a collateral, the collateral being either your car, or your vehicle. For as long as there is a remaining balance in those loans, the lender holds a lien on the collateral. Eliminating a secured debt [...]
Section 362 of the United States Bankruptcy Code governs the functions, availability, and duration of the automatic stay. Simply put, it stops all judicial proceedings against the debtor. Functionally, the stay freezes a debtor’s assets immediately as of the date of filing, preventing individual creditors from picking away at them for their own benefits and [...]
Over the years I have received the same question from many different individuals: "Can Bankruptcy Discharge The IRS Taxes I owe?" The answer of this question depends on the age of the debt. Dealing with the IRS and interpreting the bankruptcy code can be burdensome and scary. It is advised that individuals who owe back [...]
Student loans are not impossible to be discharged through bankruptcy. They are, however, very difficult to eliminate. The Bankruptcy Code, 11 U.S.C. Section 523(a)(8) makes student loan debts non-dischargeable in bankruptcy cases unless repayment would cause the debtor “undue hardship.” This provision is incorporated in Chapter 13 by Section 1328(a)(2). Courts have long struggled to [...]
