A question that frequently comes up at consultations in my office is whether traffic tickets can be discharged in bankruptcy. Recently, a client presented with over $7000 of fines related to going through tolls with an invalidSunPass. 11 U.S.C. § 523(a)(7) of the bankruptcy law provides that a Chapter 7...
A CASE OF FORECLOSURE FRAUD IN WEST PALM BEACH
An instructive case of what appears to be foreclosure fraud was recently heard by the Florida 4th District Court of Appeals (West Palm Beach) in Pino v. Bank of New York Mellon. I have personally defended similar cases many times. BNY Mellon filed an action to foreclose a mortgage against...
Same Sex Marriage and Joint Bankruptcy Filings
The Defense of Marriage Act (DOMA), 1 U.S.C. section 7, defines a married couple as consisting only of opposite sex married couples. Generally, married couples will file joint bankruptcy petitions; a joint filing saves a filing fee and often a second attorney’s fee. The Justice Department (through the U.S. Trustee)...
Foreclosure Fraud In Florida
In Florida, in order to foreclose on your property, the owner of the mortgage (plaintiff) must file a lawsuit. At an early stage in the foreclosure action, the plaintiff will ordinarily file an application (motion) for a ‘summary judgment’ stating that the facts are not in dispute and judgment must...
Social Security, Childhood Disability and HIV
The childhood disability rules apply to children from birth to age 18, although under certain circumstances, it can apply up to age 21. In any event, the onset of a disabling impairment must precede a child's 22nd birthday. In order to obtain Social Security benefits for a child, you must...
Relocation in Florida: Moving with the children
Florida has moved away from the concept of ‘child visitation’ and ‘primary custody’ and has instead adopted the idea of time sharing. Time sharing recognizes that both parents have equal rights, even if they do not get equal time with the children. Parents must now enter into a time sharing...
Temporary Alimony in Florida
She came in for a free consultation. She tells me that after 10 years, her marriage is broken and her husband has moved out. They own a house valued at $200,000 (it was worth $300,000 a couple of years ago) with a $250,000 mortgage. She wants to keep the shanghai...
Removing Second Mortgages In A Chapter 13 Bankruptcy
Chapter 13 Bankruptcy Can Keep You in your Home THE PROBLEM: Consider the following (unfortunately) common situation faced by many homeowners: their home in the current depressed real estate market is worth $150,000. They have two mortgages on the property that they obtained during the real estate boom several years...
Choosing a Bankruptcy Lawyer
Seeing a lawyer for a bankruptcy problem is much like seeing a dentist. You try to ignore the pain as long as you can before you make an appointment. When you finally do, you wonder why you waited so long and went through months or years of unnecessary discomfort. As...
Foreclosure Defense And The Value Of Time
How Did This Happen? I doubt that you planned to be sued in foreclosure. Most likely, you planned for your home or other real estate to be a primary investment. Unfortunately, the economy didn’t cooperate. Or, in a world of constantly rising real estate prices, you kept borrowing against imagined...