Yearly Archives: 2024
Can a Bankruptcy Trustee or Creditor “Break Into” My House to Take My Property?
Many Florida residents struggling to pay their debts are understandably worried that a creditor–or even the police–might show up on their doorstep to seize their property as payment. This is not an unfounded fear. Florida law allows a secured creditor to obtain a court order to seize any collateral without notice to the debtor…. Read More »
Can You Make Your Ex Pay for Your Child’s College in a Florida Divorce Settlement?
Regardless of marital status, Florida law requires both parents to support their children until they reach the age of majority, which is 18. This includes paying for private school if that is how the parents decide to educate their child. But what about paying for college? As a strictly legal matter, no Florida law… Read More »
Will U.S. Immigration Authorities Recognize a Common Law Marriage?
When applying for lawful permanent resident status in the United States, it is essential to tell the truth. Any false statements or misrepresentations on an I-485 application can lead United States Citizenship and Immigration Services to deny your petition. That said, once you receive a Notice of Intent to Deny (NOID) from USCIS, you… Read More »
Can a Florida Court Anticipate Future Events When Making Child Custody Decisions?
When Florida courts decide disputed cases involving child custody–or what state law refers to as “timesharing” between parents–a judge must consider a list of factors aimed at determining what will be in the best interest of the child. In doing so, judges are not supposed to consider potential or “anticipated” events. That is, the… Read More »
Is a Debt Owed to Your Ex Dischargeable in Chapter 7 Bankruptcy?
A Chapter 7 bankruptcy allows a Florida debtor to discharge most of their pre-bankruptcy debts. Some debts, however, are deemed “non-dischargeable” under federal law, which means they remain enforceable even after the debtor completes the bankruptcy process. Such non-dischargeable debts often include money owed to a current or former spouse. There are actually two… Read More »
Can You Keep Multiple Cars in a Chapter 13 Bankruptcy?
A Chapter 13 bankruptcy allows you to keep your property while proposing a plan to repay your creditors over time. Among other uses, Chapter 13 can help you keep your car as you seek to catch up on missed loan payments. But what if you have more than one car? Can a Chapter 13… Read More »
4 Things to Know Before Signing a Florida Debt Settlement Agreement
Most creditors and third-party debt collectors are willing to settle a debt for less than what is owed on a debtor’s account. This is not an act of benevolence or altruism. Debt collectors understand that going through the courts to obtain a judgment and enforce a debt is a costly and time-consuming process that… Read More »
How Do You Determine the Date of Valuation in a Contested Florida Divorce?
A common issue in Florida contested divorces is how to properly value the couple’s marital assets. Florida is an “equitable division” state. This means that when it is left up to the court to divide a couple’s property, the judge will generally make a 50/50 split unless there are factors that make some other… Read More »
Can You Modify Your Home Mortgage in a Chapter 11 Bankruptcy?
You often see stories about struggling Florida businesses filing for Chapter 11 bankruptcy. But did you know that individual debtors can also file under Chapter 11? While most individuals file under either Chapter 7 or Chapter 13 of the Bankruptcy Code, there are some cases where it makes more sense to go with Chapter… Read More »
How Long Does an Immigrant to Florida Have to Seek Asylum?
Any immigrant, even if they entered the country unlawfully, has the right to apply for asylum in the United States. Asylum allows an immigrant to remain in the United States legally if they are unable or unwilling to return to their country of origin due to a “well-founded fear of persecution on account of… Read More »
