The Florida Bankruptcy Lawyer blog is published by Dellutri Law Group, a firm serving Fort Myers, Port Charlotte and Naples, Florida. The blog provides readers with, amongst other things, bankruptcy crimes, myths, news and statistics.
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Lately the Middle District of Florida Bankruptcy Court for Fort Myers Division has been putting some teeth into Automatic Stay violation. The Automatic Stay, among other things, protects debtors in bankruptcy from continued collection actions. If creditors willfully violate the Automatic Stay,...
If you are thinking of filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy in Florida, you may want to watch these videos for some insight into the process and procedure of consumer bankruptcy in florida. What are the Different Types of Bankruptcies a Consumer can file? Will I lose my home...
While bankruptcy is an excellent way to eliminate debts and start fresh, some debts cannot be discharged. Domestic support obligations, such as alimony or child support, are debts that cannot be discharged. Domestic support obligations are also treated differently than other debts in a couple of...
One of the most frequently asked questions that I get asked by the firms Chapter 13 clients is: How does my payment get calculated? Trust me, there is no great mystery behind this, and many attorneys will struggle with this question, but the answer is rather simple. In most cases, bankruptcy...
Every now and then I read a story about a bank error and, by fighting back, the consumer turns the table and ends up on top. The story I read recently in the Naples Daily News was about a Florida couple who purchased a home from a foreclosure sale but later the home they purchased was again being...
Chapter 13 debtors in the Middle District of Florida, Fort Myers Division were dealt a hard blow by the court recently. The issue relates to early completion of a Chapter 13 plan once confirmed. To give a little foundation information, Chapter 13 requires a debtors to pay what they can afford to...
One major benefit of filing Chapter 13 bankruptcy is the automatic stay. When you file for bankruptcy, all of your creditors are obligated to stop any action against you or your property. Most people file Chapter 13 to stop a repossession or foreclosure, so this is a powerful piece of the relief...
Many consumers have questions on what to do if a debt collector is trying to collect a debt from them and then taking the claim to the next level of reporting it on their credit report. Many ask the question should I contact the debt collector or the original creditor? Mr. Dellutri advises that...
For an individual considering bankruptcy, the question often arises, “[C]an I keep the money I inherited in an IRA from Grandpa Joe when he passed away?” There is no easy answer to this question, as United States Bankruptcy Courts for the Middle District of Florida have shown. The answer, as it...
As we all know, when an individual files a bankruptcy case, they are required to disclose all of their assets, and the total value of those assets is the starting point for determining how much (if any) they must pay to their creditors in the case. So, of course, in my work as a consumer...