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If you are considering filing for bankruptcy and are receiving disability benefits, no doubt one of your biggest questions is whether or not your disability payments will be protected. Normally, you will be able to keep them. They will be protected from the bankruptcy trustee, but all are not treated the same. There are basically three types of disability benefits: Social Security Veterans Private The Three Categories In a Chapter 7 dissolution bankruptcy, assets that are not exempt may be sold by the bankruptcy trustee for the sake of creditors. In a Chapter 13 reorganization bankruptcy, the trustee cannot sell… Read More

Have you been getting debt collection letters and phone calls from an organization you don’t recognize? Chances are your debt may have been sold to a junk debt buyer. There was a time when a company might just give up on collecting debts, particularly small ones, if they couldn’t collect them easily. These days, if a company cannot collect a debt, they often just sell it to a junk debt buyer for pennies on the dollar. At some point, many companies today would like to get a little money rather than expend resources pursuing a hard-to-collect debt. As an added… Read More

Debt collection laws don’t usually get a whole lot of buzz, but as I’m sure you’ve seen on social media and through your local news outlets there’s a new debt collection law called Regulation F that went into effect on November 30th, 2021 that’s really caused a buzz. Now yes it’s true, Regulation F did expand some ways that debt collectors can communicate with you, but it’s important to remember two things: Collectors always have to abide by consumer protection laws. Regulation F also expanded some consumer protections. So bad news first! Let’s review the ways that Regulation F broadened… Read More

If you are thinking of filing for a consumer Chapter 7 bankruptcy, you probably have a lot of questions. One of the most important for many people is whether or not they will be able to rent an apartment after filing for bankruptcy. The reality is that it is often (though not always) more difficult to rent after bankruptcy. After all, the bankruptcy may stay on your credit report for seven to 10 years. But it is certainly not impossible and in some cases may even be easier than it would have been before your bankruptcy. This is because you… Read More

If you are considering either a Chapter 7 (liquidation) bankruptcy or a Chapter 13 (restructuring) bankruptcy, you should be aware of the impact of lookback periods. Bankruptcies are federal actions but they are governed by both federal and state law. A bankruptcy lookback period in Florida is no different. A lookback period is a range of time in which the bankruptcy court or trustee can look back over your finances and transactions in order to make decisions that will impact your bankruptcy. They vary in time according to the situation and factors involved. If you performed a transaction that is… Read More

Debt, or at least liability to pay it off, does not necessarily last forever. In Florida, for everything except debt involving real estate, the statute of limitation for debt is generally five years for debts with a written agreement. Credit card debt for example has a five-year Florida debt statute of limitations. So does medical debt. That means that after five years, if certain things do not happen to keep a debt alive, a creditor may no longer sue you for payment. The Florida statute of limitations for debt is shorter than that of many other states, where you may… Read More

Are you being sued by TD Auto Finance? Are you afraid you will be soon? Keep reading. A Little Background TD Auto Finance is an indirect auto financing company that finances cars through car dealerships. They are actually a subsidiary of TD Bank, which is one of the 10 biggest banks in the United States.  TD Bank has branches throughout Florida, various other states and Canada. TD Auto Finance and TD Bank are members of TD Bank Group. TD Bank Group is quite a big outfit with over $900 billion in assets. They have more than 83,000 employees worldwide. The… Read More

One of the primary concerns most individuals have about declaring bankruptcy is what they could lose.  Often clients ask if their 401k’s will go to creditors if they declare bankruptcy. If you live in Florida, your 401k is protected in two different ways. In fact, if you file for either Chapter 7 (a dissolution) or Chapter 13 bankruptcy (a reorganization), in most cases your retirement plan money will be safe from your creditors. Individual Bankruptcy Background Before we get into whether or not you can declare bankruptcy and still keep your 401k, let’s review the basics. When you declare bankruptcy,… Read More

The Florida foreclosure moratorium ended a year ago, and now the federal foreclosure moratorium has not been extended further. This has left many wondering what exactly is the Florida foreclosure process? You may have special circumstances that will help you if you are facing foreclosure, and your Florida debt collection defense attorney can help answer your questions. This article, however, addresses the Florida foreclosure process, so those facing foreclosure have an idea what to expect and can get the help they need. The Legal Basis for Foreclosure If you can’t pay your mortgage, a lender can’t just come in and… Read More

When debt collectors keep calling, what can you do if you are not sure you owe the debt or at least the amount they claim? What if you are SURE you do not owe the debt? How can you make them stop calling? Of course, you can call a Florida debt collection defense attorney who will make the debt collector contacts top immediately. If it’s a large amount and you are not sure whether you owe it, that would be your best bet. Short of that, you can send an FDCPA (Fair Debt Collections Practices Act) cease-and-desist letter. What Kind… Read More