Leiderman Shelomith Alexander + Somodevilla, PLLC http://www.lsaslaw.com/blog/ Recent Posts en-us Sun, 22 Sep 2019 00:38:02 -0400 Don’t Fall Prey to Student Loan Collection Tactics http://www.lsaslaw.com/blog/dont-fall-prey-to-student-loan-collection-tactics/ The student loan crisis is now well beyond the $1 trillion mark. The U.S. Department of Education recently released data that 13.7 percent of borrowers are in default. And while student loans often receive special protections under the law, such as bankruptcy discharge rules, or garnishment preference or priority rules, collectors of student loans must still follow both federal and state debt collection laws. Protections under Federal and State Laws All debt collectors must abide by the federal laws set forth in the Fair Debt Collection Practices Act (FDCPA), and the Fair Credit Billing Act (FCBA), as well as similar individual state statutes. These laws outline required and prohibited behavior of debt collectors. The following are some tips to help you separate the truth from the tactics of some debt collectors.

]]>
2017-07-11 00:00:00 http://www.lsaslaw.com/blog/dont-fall-prey-to-student-loan-collection-tactics/
Chapter 13 – A Great Option When You Own a Lot of Property http://www.lsaslaw.com/blog/chapter-13-a-great-option-when-you-own-a-lot-of-property/ A husband and wife hired us to file a Chapter 13 bankruptcy. They had $29,154.80 in assets, including 4 cars that they owned outright. They had $138,667.07 in unsecured debt, and $209,538.82 in secured debt. The clients intended to surrender their homestead in the bankruptcy. As a result, they were entitled to a $8,000.00 wild card exemption, a $2,000.00 personal property exemption, and a $2,000.00 vehicle exemption, a total of $12,000.00.

]]>
2017-07-10 00:00:00 http://www.lsaslaw.com/blog/chapter-13-a-great-option-when-you-own-a-lot-of-property/
Appeals Court Sanctions Student Loan Creditor When Collection Efforts Did Not Stop After Bankruptcy Case Discharged http://www.lsaslaw.com/blog/appeals-court-sanctions-student-loan-creditor-when-collection-efforts-did-not-stop-after-bankruptcy-case-discharged/ Almost anyone who has a large student loan knows that the general rule is that you cannot discharge student loans in a bankruptcy. If you could, every college graduate in America would be lining up to file. Of course, there are some exceptions to this general rule, which the professionals at Leiderman Shelomith Alexander + Somodevilla, PLLC can advise you about.  That doesn’t mean, though, if you are a student loan servicer, or other creditor holding a student loan note, that you don’t have to heed the notices, orders, or rules of the Bankruptcy Court. This is a lesson that ECMC Servicing learned all too well in the case of In re Hann, 2013 WL 1277132 (1st Cir., 2013).

]]>
2017-07-05 00:00:00 http://www.lsaslaw.com/blog/appeals-court-sanctions-student-loan-creditor-when-collection-efforts-did-not-stop-after-bankruptcy-case-discharged/
Do Florida College Graduates Have Less Student Loans Than Grads in Other States? http://www.lsaslaw.com/blog/do-florida-college-graduates-have-less-student-loans-than-grads-in-other-states/ There are plenty of great reasons to live in Florida - the weather is beautiful, you’re never more than 45 minutes away from a beach no matter where you’re located in the state, and, let’s not forget, it’s the home of the happiest place on earth, Disney World. If you’re already a college student, or are planning on attending college, there’s also one more reason to love the great state of Florida. Florida’s college graduates statistically carry less student loan debt than graduates from other state universities.

]]>
2017-07-03 00:00:00 http://www.lsaslaw.com/blog/do-florida-college-graduates-have-less-student-loans-than-grads-in-other-states/
If You Are a Service-Disabled Veteran, You May Qualify for Student Loan Forgiveness http://www.lsaslaw.com/blog/if-you-are-a-service-disabled-veteran-you-may-qualify-for-student-loan-forgiveness/ If you are a service-disabled veteran, and you are unable to keep up with the payments on your student loan, the Department of Education offers complete student loan forgiveness. Federal student loan programs will allow you to discharge your student loans if you are found to have a total and permanent disability. This process is available for non-veterans, as well.  Total and permanent disability means that your disability can cause death or has lasted five or more years and can be expected to last for at least five more.

]]>
2017-06-28 00:00:00 http://www.lsaslaw.com/blog/if-you-are-a-service-disabled-veteran-you-may-qualify-for-student-loan-forgiveness/
Choosing a Job That Can Help Eliminate Your Student Loans http://www.lsaslaw.com/blog/choosing-a-job-that-can-help-eliminate-your-student-loans/ You worked hard in school. You got into the college of your choice. You made good grades, and you graduated with Pomp and Circumstance.  Now what? Are you on your on your way to your dream job? At the end of 2013, American students owed approximately $1.08 trillion in aggregate student loan debt. Nowadays, instead of choosing a career based on your interests, aptitudes, or values, any job that can help you reduce or eliminate your student loan debt may be the dream job for you.

]]>
2017-06-26 00:00:00 http://www.lsaslaw.com/blog/choosing-a-job-that-can-help-eliminate-your-student-loans/
Top Benefits of Filing Chapter 7 http://www.lsaslaw.com/blog/top-benefits-of-filing-chapter-7/ If you are struggling financially, it may be time to consider how filing a bankruptcy could benefit you and your family. An individual who wants to file bankruptcy will either file a case under Chapter 7, Chapter 11, or Chapter 13. Each type of case has its own pros and cons to consider. This blog focuses on the benefits provided by a Chapter 7 filing:

]]>
2017-06-21 00:00:00 http://www.lsaslaw.com/blog/top-benefits-of-filing-chapter-7/
Reopening a Bankruptcy Case http://www.lsaslaw.com/blog/reopening-a-bankruptcy-case/ Before your personal bankruptcy case is filed, it is imperative that you review your Petition, Schedules and Statement of Financial Affairs to verify that all of the information is true and correct. However, because we are all human, it is always possible for something to get overlooked or for an error to occur. What can you do if you discover a mistake after your bankruptcy case has been closed? The law provides you with a procedure for reopening your case to cure an error. Examples of the type of mistakes you can reopen a case to fix include:

]]>
2017-06-19 00:00:00 http://www.lsaslaw.com/blog/reopening-a-bankruptcy-case/
Should Senior Citizens Seek Bankruptcy Protection? http://www.lsaslaw.com/blog/should-senior-citizens-seek-bankruptcy-protection/ When you reach your "golden years," you are entitled to many specials and benefits. Unfortunately, when it comes to filing a bankruptcy case, a senior citizen must follow the same rules and procedures as everyone else. However, filing a personal bankruptcy can still be beneficial for older adults.

]]>
2017-06-14 00:00:00 http://www.lsaslaw.com/blog/should-senior-citizens-seek-bankruptcy-protection/
Going into the Health Profession? What to know about HEAL Loans http://www.lsaslaw.com/blog/going-into-the-health-profession-what-to-know-about-heal-loans/ The Health Assistance Loan Program (HEAL) provided insurance for lenders participating in the student loan program and lending money to students in medical and healthcare related fields. HEAL was an active program from 1978 until 1998.

]]>
2017-06-12 00:00:00 http://www.lsaslaw.com/blog/going-into-the-health-profession-what-to-know-about-heal-loans/
Qualifying for Public Service Loan Forgiveness http://www.lsaslaw.com/blog/qualifying-for-public-service-loan-forgiveness/ If you are working full-time in a public service job, you should determine whether you qualify for the Public Service Loan Forgiveness (PSLF) program. Under this program, qualifying borrowers may have the remaining balance of their student loan forgiven.

]]>
2017-06-07 00:00:00 http://www.lsaslaw.com/blog/qualifying-for-public-service-loan-forgiveness/
How does Federal Student Loan Settlement Work? http://www.lsaslaw.com/blog/how-does-federal-student-loan-settlement-work/ If you are interested in settling your defaulted federal student loan, it is important to understand that a settlement results in a lump sum payment to satisfy the total amount you owe in full. Typically, the U.S. Department of Education will require you to pay the full settlement amount within 90 days from the date of the settlement offer. In certain cases, however, you may be able to pay the settlement amount in installments that result in the full settlement amount being paid within the same fiscal year.

]]>
2017-06-05 00:00:00 http://www.lsaslaw.com/blog/how-does-federal-student-loan-settlement-work/
Identifying Unscrupulous Debt Collectors http://www.lsaslaw.com/blog/identifying-unscrupulous-debt-collectors/ If you are past due on your student loan payments, you are likely being harassed by a debt collector urging you to pay your debt. Anyone who is dealing with debt collection agents should know how to identify unscrupulous or unlawful behavior. The Fair Debt Collection Practices Act (FDCPA) was created to protect consumers by setting forth certain collection tactics that are unlawful. In general, the FDCPA prohibits collectors from using unfair, deceptive or abusive practices to collect money from borrowers.

]]>
2017-05-31 00:00:00 http://www.lsaslaw.com/blog/identifying-unscrupulous-debt-collectors/
Collection Fees With Federal Student Loans http://www.lsaslaw.com/blog/collection-fees-with-federal-student-loans/ As if owing an overwhelming amount of student loan debt isn’t bad enough, do you know that if you default on your loan the lender can add collection fees to the cost of the loan? In fact, it is common for any collection charges to be deducted from each payment you make before anything is applied to the interest or principal balance of the debt you owe. Sometimes the collection fees are added on top of the loan balance.

]]>
2017-05-29 00:00:00 http://www.lsaslaw.com/blog/collection-fees-with-federal-student-loans/
Student Loans Certification Discharge: Forgery & Identity Theft http://www.lsaslaw.com/blog/student-loans-certification-discharge-forgery-identity-theft/ Student loans can be discharged if false certification can be proven. One type of false certification occurs when your student loan documentation has been forged by your school or was falsely certified due to you being the victim of identity theft. It is sometimes referred to as the “unauthorized signature” discharge.

]]>
2017-05-24 00:00:00 http://www.lsaslaw.com/blog/student-loans-certification-discharge-forgery-identity-theft/
Student Loan Certification Discharge: Ability to Benefit http://www.lsaslaw.com/blog/student-loan-certification-discharge-ability-to-benefit/ If your school falsely certified your eligibility for federal aid, you may be able to discharge your student loan via the federal student loan false certification cancellation process. One category of false certification is Ability to Benefit (ATB). We will discuss the other categories in future blogs, so please check back.

]]>
2017-05-22 00:00:00 http://www.lsaslaw.com/blog/student-loan-certification-discharge-ability-to-benefit/
What Should You Expect From Your Bankruptcy Lawyer? http://www.lsaslaw.com/blog/what-should-you-expect-from-your-bankruptcy-lawyer/ If you are considering filing a personal bankruptcy case, selecting the "right" attorney to represent you is one of the most important decisions you can make. What should you expect from your bankruptcy attorney at your initial consultation?

]]>
2017-05-17 00:00:00 http://www.lsaslaw.com/blog/what-should-you-expect-from-your-bankruptcy-lawyer/
How Much Debt Do I Need to File Bankruptcy? http://www.lsaslaw.com/blog/how-much-debt-do-i-need-to-file-bankruptcy/ Are you wondering if you have enought debt to file a personal bankruptcy? If so, the good news is that that the law does not set a minimum amount of debt you must have in order to file bankruptcy. However, since every financial situation is unique, we help each of our clients decide whether or not to file a Chapter 7, 11, or 13 bankruptcy on a case-by-case basis.

]]>
2017-05-15 00:00:00 http://www.lsaslaw.com/blog/how-much-debt-do-i-need-to-file-bankruptcy/
Bankruptcy for the Self-Employed http://www.lsaslaw.com/blog/bankruptcy-for-the-self-employed/ It is common for self-employed individuals to be intimidated by the thought of filing bankruptcy. While such cases may be a little more complex, an experienced bankruptcy attorney can walk a self-employed individual through the process step by step.

]]>
2017-05-10 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-for-the-self-employed/
Can I Remove Bankruptcy from my Credit Report? http://www.lsaslaw.com/blog/can-i-remove-bankruptcy-from-my-credit-report/ If you are feeling the pressure of having too much debt, bankruptcy can provide a safe haven. As soon as your Chapter 7, 11 or 13 petiton is filed, the automatic stay goes into effect, and all collection activity must cease. Once your case is completed, the majority (if not all) of your debt will be eliminated.

]]>
2017-05-08 00:00:00 http://www.lsaslaw.com/blog/can-i-remove-bankruptcy-from-my-credit-report/
When is the Best Time to File Bankruptcy? http://www.lsaslaw.com/blog/when-is-the-best-time-to-file-bankruptcy/ When you are making a major life decision, it is important to have a strategy in place. Timing can play an important factor in obtaining the best outcome possible. This is true when you are considering filing a Chapter 7, Chapter 11, or Chapter 13 bankruptcy. But, how do you know when is the best time to file? Like most things, it depends on your unique circumstances.

]]>
2017-05-08 00:00:00 http://www.lsaslaw.com/blog/when-is-the-best-time-to-file-bankruptcy/
What Happens to my Children’s Assets When I File Bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-my-children-s-assets-when-i-file-bankruptcy/ Each debtor seeking bankruptcy protection must make full financial disclosure to the court. This means that he/she must disclose all of his/her assets, including those that are really owned by his/her children. What happens to those assets will depend on your individual circumstances, so it is important that you discuss these assets with us before your filing.

]]>
2017-05-03 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-my-children-s-assets-when-i-file-bankruptcy/
What Debts Were Discharged in My Bankruptcy? http://www.lsaslaw.com/blog/what-debts-were-discharged-in-my-bankruptcy/ There are many benefits obtained by filing a personal bankruptcy, but the main goal is to discharge or eliminate your debt. Many of our clients are surprised when they receive their discharge order and it does not include a list of the debts that were eliminated by the filing. How do you know which debts were (and which were not) discharged in your case?

]]>
2017-05-01 00:00:00 http://www.lsaslaw.com/blog/what-debts-were-discharged-in-my-bankruptcy/
Why You Should NOT Feel Guilty About Filing Bankruptcy http://www.lsaslaw.com/blog/why-you-should-not-feel-guilty-about-filing-bankruptcy/ If you are facing financial struggles and you are considering filing a Chapter 7, Chapter 11, or Chapter 13 bankruptcy, it is normal to feel some apprehension or guilt. However, it is important that you don’t let these feelings prevent you from obtaining the debt relief you and your family need and deserve. The stress of living with overwhelming debt can negatively impact your marriage, your health and your family’s stability. Seeking bankruptcy protection can help you eliminate the debt and protect the things that matter most to you.

]]>
2017-04-26 00:00:00 http://www.lsaslaw.com/blog/why-you-should-not-feel-guilty-about-filing-bankruptcy/
Will I Lose Control Over My Money in Bankruptcy? http://www.lsaslaw.com/blog/will-i-lose-control-over-my-money-in-bankruptcy/ If you are living paycheck to paycheck and still coming up short when it is time to pay your bills, you should consider filing for bankruptcy. Many people want to file bankruptcy only as a “last resort,” but the longer you wait the worse your financial situation may get. The majority of Chapter 7, Chapter 11, and Chapter 13 cases are the result of events that are out of the debtor’s control, such as loss of a job, divorce, or a major injury or illness. Seeking bankruptcy protection is the first step in taking control and improving your finances

]]>
2017-04-24 00:00:00 http://www.lsaslaw.com/blog/will-i-lose-control-over-my-money-in-bankruptcy/
The History of Federal Student Loans http://www.lsaslaw.com/blog/the-history-of-federal-student-loans/ There has been a lot of talk about student loans in the news lately, so we thought it might be interesting to share a bit of history about how the federal student loan program started. The first federal student loans were provided under the National Defense Education Act of 1958. These were direct loans funded with U.S. Treasury funds.

]]>
2017-04-19 00:00:00 http://www.lsaslaw.com/blog/the-history-of-federal-student-loans/
Beware of Student Loan Debt Relief Promises http://www.lsaslaw.com/blog/beware-of-student-loan-debt-relief-promises/ If you are like thousands of graduates across the country wondering how you will ever repay all of your student loan debt, it is important to protect yourself from the scam artists looking to take advantage of you. Reports of predatory companies looking to benefit from your feelings of desperation are on the rise. They make promises that your student loans can be eliminated, you can obtain debt relief for free, or they offer zero percent interest rates. The catch – you must pay upfront fees to obtain their services, which accomplishes nothing (if they even do anything for you at all).

]]>
2017-04-17 00:00:00 http://www.lsaslaw.com/blog/beware-of-student-loan-debt-relief-promises/
How to Know if Bankruptcy is in Your Future http://www.lsaslaw.com/blog/how-to-know-if-bankruptcy-is-in-your-future/ Many individuals across the country are struggling financially, but many of them do not believe that they will file for bankruptcy protection. Sadly, many of these people lost assets and savings that would be protected if they filed a Chapter 7, Chapter 11, or Chapter 13 bankruptcy. How do you know if filing a personal bankruptcy could benefit you? Below are a few indicators that filing for debt relief (sooner rather than later) could benefit you:

]]>
2017-04-10 00:00:00 http://www.lsaslaw.com/blog/how-to-know-if-bankruptcy-is-in-your-future/
Student Loan Default: How to Avoid Wage Garnishment http://www.lsaslaw.com/blog/student-loan-default-how-to-avoid-wage-garnishment/ If your federal student loans are in default status, you have likely started receiving notices from the government. One of these notices probably states that your wages are going to be garnished. Most borrowers are already struggling financially, so the thought of having their paycheck garnished can be stressful. Don’t give up hope – we can help.

]]>
2017-04-05 00:00:00 http://www.lsaslaw.com/blog/student-loan-default-how-to-avoid-wage-garnishment/
What Happens to My Firearms in Bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-my-firearms-in-bankruptcy/ Whether or not an individual believes in owning firearms can be a controversial topic. However, it is a right protected by the U.S. Constitution and protected by bankruptcy law. Whether you own a gun for self-defense, as a tool of your trade, as an investment, or for recreational purposes, a firearm is an asset that must be disclosed in your personal bankruptcy filing. However, there are several exemptions that may be applied to protect your guns..

]]>
2017-04-03 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-my-firearms-in-bankruptcy/
Should We Change Our View of Student Loan Debt? http://www.lsaslaw.com/blog/should-we-change-our-view-of-student-loan-debt/ While news regarding student loan debt is a daily occurrence lately, there are still many things we do not know about how debt is affecting borrowers. There are many who believe that the same amount of student loan debt will impact different types of borrowers in drastically different ways. The individual circumstances of each borrower will dictate how much the student loan debt imposes a financial hardship. Thus, in order to fix the debt problem, we must focus on lending practices and recognizing high-risk borrowers. However, if you are already struggling to repay your loans, the legal team at Leiderman Shelomith Alexander + Somodevilla, PLLC, can help you create a strategy to deal with all types and sizes of student loan debt, based upon your unique circumstances.

]]>
2017-03-29 00:00:00 http://www.lsaslaw.com/blog/should-we-change-our-view-of-student-loan-debt/
Defending Student Loan Lawsuits http://www.lsaslaw.com/blog/defending-student-loan-lawsuits/ Although the federal government has numerous collection tools that can be implemented without obtaining a court order, lawsuits against student loan borrowers still occur. Of course, lawsuits are the primary tool that private lenders use to collect defaulted loans. It is common for both the government and private lenders to retain debt collection agents to pressure borrowers into paying.

]]>
2017-03-27 00:00:00 http://www.lsaslaw.com/blog/defending-student-loan-lawsuits/
Caution! Offers of Student Loan Debt Settlement May Be a Scam http://www.lsaslaw.com/blog/caution-offers-of-student-loan-debt-settlement-may-be-a-scam/ With student loan debt being a primary concern for a record number of graduates, the debt settlement industry is seeing a green light for making more money. If you are seeing offers such as “all of your student loan debt can be eliminated or forgiven,” it is likely a scam.

]]>
2017-03-22 00:00:00 http://www.lsaslaw.com/blog/caution-offers-of-student-loan-debt-settlement-may-be-a-scam/
Wage Garnishments & Your Defaulted Student Loans http://www.lsaslaw.com/blog/wage-garnishments-your-defaulted-student-loans/ There are several serious consequences that can occur when you default on your federal student loan. One tool commonly used by the Department of Education (or a guaranty agency) to collect past due amounts is an administrative wage garnishment, which allows the government to garnish your paycheck without obtaining a court order first!

]]>
2017-03-20 00:00:00 http://www.lsaslaw.com/blog/wage-garnishments-your-defaulted-student-loans/
Student Loan Defaults: Where is my Tax Refund? http://www.lsaslaw.com/blog/student-loan-defaults-where-is-my-tax-refund/ If you are expecting a tax refund and you are in default on your student loans, the government will likely intercept the amount owed to you and apply it to your debt. The government has the ability to offset defaulted federal student loans against federal income tax refunds without first obtaining a court order.

]]>
2017-03-15 00:00:00 http://www.lsaslaw.com/blog/student-loan-defaults-where-is-my-tax-refund/
The Federal Perkins Loan Program http://www.lsaslaw.com/blog/the-federal-perkins-loan-program/ Many people are aware of "Perkins Loans," but few know what they are and the benefits they offer. The Federal Perkins Loan Program offers low-interest federal student loans to undergraduate and graduate students. To qualify for a Perkins loan, you must demonstrate that you have exceptional financial need and that you are enrolled in a participating school full-time or part-time.

]]>
2017-03-08 00:00:00 http://www.lsaslaw.com/blog/the-federal-perkins-loan-program/
Lien Stripping in Bankruptcy: Could it Save Your Home? http://www.lsaslaw.com/blog/lien-stripping-in-bankruptcy-could-it-save-your-home/ If you have more than one mortgage on your home and you are struggling financially, it may be time to consider filing a personal bankruptcy case. Filing an individual Chapter 7, 11 or 13 bankruptcy allows you a means for comprehensively dealing with all of your creditors and potentially eliminating some, all, or the majority of your debt. An additional benefit is a process referred to as “lien stripping.”

]]>
2017-03-06 00:00:00 http://www.lsaslaw.com/blog/lien-stripping-in-bankruptcy-could-it-save-your-home/
Can I Discharge Back Taxes in Bankruptcy? http://www.lsaslaw.com/blog/can-i-discharge-back-taxes-in-bankruptcy/ It is a common misconception that taxes are never eligible to be eliminated in a bankruptcy filing. It is possible to discharge your back local, state and federal income taxes. You may also be able to discharge penalties and interest. If you have a significant amount of unpaid taxes and you are considering filing for bankruptcy protection, it is important to confer with us ahead of time to determine if your taxes are eligible for discharge.

]]>
2017-03-01 00:00:00 http://www.lsaslaw.com/blog/can-i-discharge-back-taxes-in-bankruptcy/
What to Expect at the Meeting of Creditors http://www.lsaslaw.com/blog/what-to-expect-at-the-meeting-of-creditors/ Pursuant to 11 U.S.C. §341, all debtors are required to attend a “meeting of creditors” (also commonly referred to as a “341 meeting”). At the meeting, you will answer any questions the trustee has while you are under oath. Once in a while, one of your creditors may also be there to ask you questions. While it is normal to feel nervous about this meeting, most are not very long, and we will make sure you are prepared ahead of time.

]]>
2017-02-27 00:00:00 http://www.lsaslaw.com/blog/what-to-expect-at-the-meeting-of-creditors/
Could Your Posts on Facebook Impact Your Bankruptcy? http://www.lsaslaw.com/blog/could-your-posts-on-facebook-impact-your-bankruptcy/ It seems everybody has some sort of social media account these days. While Facebook, Instagram, Twitter and other sites are a great tool for communicating with other people, it should always be done with caution. This is especially true when you file for bankruptcy protection.

]]>
2017-02-22 00:00:00 http://www.lsaslaw.com/blog/could-your-posts-on-facebook-impact-your-bankruptcy/
Ignoring Student Loans = Big Trouble http://www.lsaslaw.com/blog/ignoring-student-loans-big-trouble/ Thousands of graduates across our country are struggling to pay their student loan debt. Unfortunately, many see it as a hopeless endeavor and eventually give up. However, sticking your head in the sand and ignoring your student loan debt can have severe consequences.

]]>
2017-02-20 00:00:00 http://www.lsaslaw.com/blog/ignoring-student-loans-big-trouble/
Preparing to Pay Your Student Loans http://www.lsaslaw.com/blog/preparing-to-pay-your-student-loans/ Most recent college graduates are dreading November because that is when their first student loan payment is due. The six month grace period after graduation provided by most federal loans is aimed at allowing borrowers time to find employment before their payments are due. Unfortunately, this often is not sufficient time and graduates have to live frugally and start saving during this period in order to manage the extra payment.

]]>
2017-02-20 00:00:00 http://www.lsaslaw.com/blog/preparing-to-pay-your-student-loans/
Understanding Student Loan Deferment http://www.lsaslaw.com/blog/understanding-student-loan-deferment/ When you defer payment of your student loan, it means that you are postponing payment of them. Deferment is only a temporary solution. Many federal student loans provide a six-month grace period immediately after a borrower graduates to allow him/her time to find employment before being required to make payments. It is important to note that if you have a subsidized loan, interest does not accrue during the deferment period. However, interest will accrue during deferment of an unsubsidized loan.

]]>
2017-02-15 00:00:00 http://www.lsaslaw.com/blog/understanding-student-loan-deferment/
What You Need to Know Before Refinancing Student Loans http://www.lsaslaw.com/blog/what-you-need-to-know-before-refinancing-student-loans/ If you are considering refinancing your student loans, it is important to understand what you are getting yourself into before signing on the dotted line. Below are a few tips regarding the information you want to obtain from the lender before refinancing your loan:

]]>
2017-02-13 00:00:00 http://www.lsaslaw.com/blog/what-you-need-to-know-before-refinancing-student-loans/
Can I Buy A House After Bankruptcy? http://www.lsaslaw.com/blog/can-i-buy-a-house-after-bankruptcy/ Many of our clients ask us whether they will be able to buy a new home after filing a personal bankruptcy and how long it will take to do so.

]]>
2017-02-08 00:00:00 http://www.lsaslaw.com/blog/can-i-buy-a-house-after-bankruptcy/
What Happens to Student Loans in Bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-student-loans-in-bankruptcy/ Most people are aware that discharging student loans in bankruptcy case is difficult, so it leaves them wondering what actually happens to these loans after they file their case. The answer depends upon your individual circumstances, what type of bankruptcy you file, and the type of student loan you have.

]]>
2017-02-06 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-student-loans-in-bankruptcy/
Determining How Much You’ll Pay Creditors in a Chapter 13 http://www.lsaslaw.com/blog/determining-how-much-you-ll-pay-creditors-in-a-chapter-13/ The majority of individuals seeking bankruptcy protection file a Chapter 7 or Chapter 13 case. Generally speaking, if your monthly income is less than your monthly expenses, you should consider a Chapter 7 filing. In addition to other factors, if your monthly income is more than your monthly expenses, you should consider a Chapter 13 filing. The majority of individuals seeking bankruptcy protection file a Chapter 7 or Chapter 13 case. Generally speaking, if your monthly income is less than your monthly expenses, you should consider a Chapter 7 filing. In addition to other factors, if your monthly income is more than your monthly expenses, you should consider a Chapter 13 filing. 

]]>
2017-02-01 00:00:00 http://www.lsaslaw.com/blog/determining-how-much-you-ll-pay-creditors-in-a-chapter-13/
Helping A Parent File Bankruptcy http://www.lsaslaw.com/blog/helping-a-parent-file-bankruptcy/ If you have parents who are struggling financially and you are wondering if bankruptcy is a good option for them, we can help. In today’s economy, it is common for adult children to provide financial assistance to their aging parents. Depending on the type of debt your parent has, filing a Chapter 7, Chapter 11, or Chapter 13 bankruptcy case may help your parent get his/her financial life back on track and make your financial assistance no longer necessary.

]]>
2017-01-30 00:00:00 http://www.lsaslaw.com/blog/helping-a-parent-file-bankruptcy/
Florida Mortgage Foreclosure Deficiency Judgments http://www.lsaslaw.com/blog/florida-mortgage-foreclosure-deficiency-judgments/ Residents of Florida should be aware that there are companies out there that purchase thousands of mortgage foreclosure judgments in our State in order to sue homeowners for a deficiency judgment after their home is foreclosed. After the loss of your home, it can be overwhelming to face a judgment against you for thousands of dollars.

]]>
2017-01-25 00:00:00 http://www.lsaslaw.com/blog/florida-mortgage-foreclosure-deficiency-judgments/
Unconventional Ways to Manage Student Loan Debt http://www.lsaslaw.com/blog/unconventional-ways-to-manage-student-loan-debt/ Student loan debt is a significant financial issue across our country. If you are making payments on your loans, but you don’t feel like you are making progress, it may be time to explore some of the more unconventional options for taking control of your student loan debt. Below are a few considerations for helping you manage your student loans:

]]>
2017-01-18 00:00:00 http://www.lsaslaw.com/blog/unconventional-ways-to-manage-student-loan-debt/
Secured Credit Cards in Bankruptcy http://www.lsaslaw.com/blog/secured-credit-cards-in-bankruptcy/ Creditcards.com recently discovered that some credit card agreements are providing the lender with authority to seize items purchased if the buyer does not pay for them in full. Credit card debt is typically classified as "unsecured debt," which means no collateral was pledged to secure the loan. However, provisions that allow the lender to repossess goods may change this classification.

]]>
2017-01-16 00:00:00 http://www.lsaslaw.com/blog/secured-credit-cards-in-bankruptcy/
Tips For Graduates with Student Loans http://www.lsaslaw.com/blog/tips-for-graduates-with-student-loans/ If you have recently graduated or you are otherwise at a point where you are repaying your student loans, below are a few tips for helping you keep your student loan debt under control:

]]>
2017-01-11 00:00:00 http://www.lsaslaw.com/blog/tips-for-graduates-with-student-loans/
How Do You Get Federal Student Loans Forgiven or Discharged? http://www.lsaslaw.com/blog/how-do-you-get-federal-student-loans-forgiven-or-discharged/ Most people are aware that discharging a student loan in bankruptcy is difficult. However, in certain circumstances, you may still be able to eliminate your federal student loan debt by obtaining loan forgiveness or administrative (non-bankruptcy) discharge.

]]>
2017-01-09 00:00:00 http://www.lsaslaw.com/blog/how-do-you-get-federal-student-loans-forgiven-or-discharged/
Defaulted Federal Student Loans - Rehabilitation http://www.lsaslaw.com/blog/defaulted-federal-student-loans-rehabilitation/ Hopefully you have read our blog titled “Defaulted Federal Student Loans – Consolidation and Other Options.” This blog focuses on borrowers who desire to cure their defaulted federal student loans through a process called rehabilitation.

]]>
2017-01-02 00:00:00 http://www.lsaslaw.com/blog/defaulted-federal-student-loans-rehabilitation/
Defaulted Federal Student Loans – Consolidation and Other Options http://www.lsaslaw.com/blog/defaulted-federal-student-loans-consolidation-and-other-options/ Generally, if your federal student loan is between 1 and 270 days late, it is “delinquent” (other than Perkins loans, which are in “default” after the first day of non-payment). After 270 days of non-payment, your federal student loan is in “default”. If your federal student loan is close to being in default, then you should make every effort to keep it from actually going into default.

]]>
2016-12-28 00:00:00 http://www.lsaslaw.com/blog/defaulted-federal-student-loans-consolidation-and-other-options/
Types of Student Loans http://www.lsaslaw.com/blog/types-of-student-loans/ The world of student loans can be confusing. There are different types of student loans and it is important to understand the differences between them. The first step in analyzing what your options are with respect to your student loans is determining exactly what type(s) of student loans you have.

]]>
2016-12-26 00:00:00 http://www.lsaslaw.com/blog/types-of-student-loans/
What is Student Loan Law? http://www.lsaslaw.com/blog/leiderman-shelomith-announces-its-student-loan-law-practice/ What is student loan law?  Because so many of our clients are struggling financially with their federal, state and private student loans, we work with you to find the options available to help make your student loan debt more manageable.

]]>
2016-12-21 00:00:00 http://www.lsaslaw.com/blog/leiderman-shelomith-announces-its-student-loan-law-practice/
Can You Discharge Business Debt in Bankruptcy? http://www.lsaslaw.com/blog/can-you-discharge-business-debt-in-bankruptcy/ Many small business owners are fully vested in their entity. They invest their time, energy, and money in trying to ensure the business’ success. As a result, when the business struggles financially, the business owner typically has financial troubles too.

]]>
2016-12-19 00:00:00 http://www.lsaslaw.com/blog/can-you-discharge-business-debt-in-bankruptcy/
DUI Debt in a Florida Bankruptcy http://www.lsaslaw.com/blog/dui-debt-in-a-florida-bankruptcy/ If you are considering filing for bankruptcy hoping to discharge debt related to a driving under the influence (DUI) conviction, this blog is for you! Bankruptcy law excludes certain types of debt from being discharged, including some debts related to a DUI.

]]>
2016-12-14 00:00:00 http://www.lsaslaw.com/blog/dui-debt-in-a-florida-bankruptcy/
Can You Afford To File a Florida Bankruptcy? http://www.lsaslaw.com/blog/can-you-afford-to-file-a-florida-bankruptcy/ When you are struggling to make ends meet, you may be wondering if you can afford to file a bankruptcy case. The legal and administrative filing fees can seem overwhelming, but below are a few things to consider:

]]>
2016-11-30 00:00:00 http://www.lsaslaw.com/blog/can-you-afford-to-file-a-florida-bankruptcy/
How do I Know When To File Bankruptcy? http://www.lsaslaw.com/blog/how-do-i-know-when-to-file-bankruptcy/ It isn’t easy to know when you should file for bankruptcy protection. There are a wide variety of circumstances that warrant filing a Chapter 7, 11 or 13, and no two cases are identical. We offer a no-cost initial consultation so we can review your individual financial situation and help you determine if filing a bankruptcy is the best option for you and your family.

]]>
2016-11-28 00:00:00 http://www.lsaslaw.com/blog/how-do-i-know-when-to-file-bankruptcy/
What Paperwork is Filed in a Personal Bankruptcy? http://www.lsaslaw.com/blog/what-paperwork-is-filed-in-a-personal-bankruptcy/ When you file a personal bankruptcy, there is a significant amount of paperwork that must be filed with the court. Your initial pleadings disclose your assets, debts, income, and expenses. We assist you with completing the required paperwork, and help ensure you make full financial disclosure. Below is a list of many of the documents that will be filed in your case:

]]>
2016-11-23 00:00:00 http://www.lsaslaw.com/blog/what-paperwork-is-filed-in-a-personal-bankruptcy/
Is Bankruptcy A Good Option for Small Business Owners? http://www.lsaslaw.com/blog/is-bankruptcy-a-good-option-for-small-business-owners/ If you are the owner of a business, your finances are probably closely tied with the success of your business. When your entity struggles financially, you feel the stress in your personal finances as well.

]]>
2016-11-21 00:00:00 http://www.lsaslaw.com/blog/is-bankruptcy-a-good-option-for-small-business-owners/
Beware! Some debts are NOT discharged in bankruptcy http://www.lsaslaw.com/blog/beware-some-debts-are-not-discharged-in-bankruptcy/ When you emerge from a successful personal bankruptcy case, you typically have discharged or eliminated the majority of your debts. However, it is important to understand that there are a few specific types of debts that are not eligible for discharge, including:

]]>
2016-11-16 00:00:00 http://www.lsaslaw.com/blog/beware-some-debts-are-not-discharged-in-bankruptcy/
How to Eliminate Judgment Liens on Your Home http://www.lsaslaw.com/blog/how-to-eliminate-judgment-liens-on-your-home/ If you have been unable to pay your bills and creditors have obtained judgments against you, it is likely that you have judgment liens against your home. A creditor places a judgment lien against your home to help ensure that the creditor gets paid what it is owed. The lien allows the creditor to be paid from the proceeds if you sell your home or if you refinance your existing mortgage.

]]>
2016-11-14 00:00:00 http://www.lsaslaw.com/blog/how-to-eliminate-judgment-liens-on-your-home/
What is Bankruptcy Credit Counseling? http://www.lsaslaw.com/blog/what-is-bankruptcy-credit-counseling/ The 2005 amendments to the Bankruptcy Code created several new requirements for individuals who want to file a Chapter 7, Chapter 11, or Chapter 13 case. One of the new requirements is to complete credit counseling courses before your case is filed and before your discharge order can be entered.

]]>
2016-11-09 00:00:00 http://www.lsaslaw.com/blog/what-is-bankruptcy-credit-counseling/
Bankruptcy, Divorce & Your Secured Loans http://www.lsaslaw.com/blog/bankruptcy-divorce-your-secured-loans/ If you are divorced and your ex-spouse has filed a Chapter 7, Chapter 11, or Chapter 13 bankruptcy case, you are probably wondering how it is going to impact you. Many people are surprised to learn that their ex-spouse's filing does not eliminate ALL obligations to pay a loan. Specifically, your ex-spouse's bankruptcy filing does not eliminate your personal liability. Once your ex-spouse files bankruptcy, unless the co-debtor stay is in effect, the lender will start expecting payments from you on all joint debts. This can be true, even if your divorce agreement provides that your ex-spouse is required to pay the debt.

]]>
2016-11-09 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-divorce-your-secured-loans/
Bankruptcy Trustees in Florida http://www.lsaslaw.com/blog/bankruptcy-trustees-in-florida/ One of the primary fears debtors face when filing bankruptcy is the feeling of being "judged." However, it is common for an individual to go through his/her entire Chapter 7 or Chapter 13 bankruptcy case without ever seeing a judge! Chapter 11 cases are often more complex, so an individual in a Chapter 11 case is more likely to appear before the judge assigned to his/her case. Chapter 7 and Chapter 13 bankruptcy cases are administered by an appointed trustee, unless significant issues arise that warrant appearing before a judge.

]]>
2016-11-07 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-trustees-in-florida/
What is considered http://www.lsaslaw.com/blog/what-is-considered-income-for-bankruptcy-purposes/ If you are planning to file an individual bankruptcy, be prepared to discuss your finances openly and in-depth with us. One of the important discussions we must have is how much your income is and where it comes from. For the purposes of filing a bankruptcy case, your household income can include much more than just your salary. Examples of sources of income for bankruptcy purposes include:

]]>
2016-11-02 00:00:00 http://www.lsaslaw.com/blog/what-is-considered-income-for-bankruptcy-purposes/
What will my Chapter 13 payment be? http://www.lsaslaw.com/blog/what-will-my-chapter-13-payment-be/ When you file a Chapter 13 bankruptcy, we will help you create a plan of repayment. Your plan will set forth how you intend to pay your creditors over a period of three to five years. Obviously, most Chapter 13 debtors are worried about how much their monthly payment will be. We will review your overall financial situation and help you understand how your Chapter 13 payment is calculated.

]]>
2016-10-31 00:00:00 http://www.lsaslaw.com/blog/what-will-my-chapter-13-payment-be/
What Happens To My Lawsuit When I File Bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-my-lawsuit-when-i-file-bankruptcy/ When you file a personal bankruptcy, the automatic stay immediately goes into effect and prohibits any further collection activity against you. If a creditor or debt collector willfully violates the automatic stay, you can recover your actual damages, including attorney’s fees and costs. In certain circumstances, the court may even award punitive damages.

]]>
2016-10-26 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-my-lawsuit-when-i-file-bankruptcy/
Do I really have to disclose THAT? http://www.lsaslaw.com/blog/do-i-really-have-to-disclose-that/ Bankruptcy law requires all debtors to make full financial disclosure when they file their case. This means that you must disclose all of your assets, debts, income and expenditures. You must provide the court will a complete list of all of your creditors. While this can be uncomfortable for many people, it is a positive thing because it allows you to discharge as much debt as possible.

]]>
2016-10-24 00:00:00 http://www.lsaslaw.com/blog/do-i-really-have-to-disclose-that/
How do I Prepare For a Bankruptcy Filing? http://www.lsaslaw.com/blog/how-do-i-prepare-for-a-bankruptcy-filing/ Deciding to seek bankruptcy protection is a big decision. You may be receiving advice from friends and family, but it is important to make your own decision and then contact us for the guidance you need. Preparing for your filing takes time and we want to formulate the best strategy for your individual circumstances.

]]>
2016-10-19 00:00:00 http://www.lsaslaw.com/blog/how-do-i-prepare-for-a-bankruptcy-filing/
What Happens to a Personal Injury Settlement in Bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-a-personal-injury-settlement-in-bankruptcy/ Most individuals preparing to file an individual Chapter 7, 11 or 13 are concerned about their physical assets. However, there are certain intangible assets that are important to consider as well.  If you were involved in an auto accident and you are expecting a settlement payment or monetary judgment, do you get to keep those funds in your bankruptcy case?

]]>
2016-10-17 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-a-personal-injury-settlement-in-bankruptcy/
Bankruptcy Myths & Misconceptions #2 http://www.lsaslaw.com/blog/bankruptcy-myths-misconceptions-2/ Hopefully you read our blog yesterday titled “Bankruptcy Myths & Misconceptions.”  Below are a few more bankruptcy issues that many people get confused about:

]]>
2016-10-12 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-myths-misconceptions-2/
Bankruptcy Myths & Misconceptions http://www.lsaslaw.com/blog/bankruptcy-myths-misconceptions/ Bankruptcy is a topic you hear a lot about, but do you know fact from fiction? This blog and tomorrow’s blog will discuss some of the common misunderstandings surrounding personal bankruptcies:

]]>
2016-10-11 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-myths-misconceptions/
Bankruptcy & Your Social Security Benefits http://www.lsaslaw.com/blog/bankruptcy-your-social-security-benefits/ Filing a personal bankruptcy case can be a difficult decision. Worrying about whether your social security benefits will be affected by your filing may be adding to your stress. However, you may be surprised to learn that your social security benefits are not only excluded from the Chapter 7 means test, but are exempt from creditors!

]]>
2016-10-10 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-your-social-security-benefits/
What Happens to My Retirement Accounts in Bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-my-retirement-accounts-in-bankruptcy/ For many people, their retirement accounts are among  their most significant assets. When they consider filing a personal bankruptcy case, they are immediately concerned about how the bankruptcy will impact their retirement funds. While it is true that some assets can be seized by the trustee in order to pay creditors, the law provides debtors with protection for numerous assets, including qualified retirement accounts.

]]>
2016-10-05 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-my-retirement-accounts-in-bankruptcy/
Why do you need a bankruptcy attorney? http://www.lsaslaw.com/blog/why-do-you-need-a-bankruptcy-attorney/ Many individuals who are thinking about filing for bankruptcy protection consider doing it without the help of an attorney.  When a person represents himself or herself, it is called "pro se" representation.  While representing yourself may seem like it will save you money, the reality is that it could cost you more than you realize.  Losing assets, having your discharge denied, or having your case dismissed is much more expensive than hiring an attorney to represent you.

]]>
2016-10-03 00:00:00 http://www.lsaslaw.com/blog/why-do-you-need-a-bankruptcy-attorney/
Schedule Your Creditors! http://www.lsaslaw.com/blog/schedule-your-creditors/ All debtors in bankruptcy are required to make full financial disclosures. This means listing all of your  assets and debts. You must also provide a list of your creditors (commonly referred to as your “creditor matrix”), including friends, family, and anyone else you owe money to.

]]>
2016-10-03 00:00:00 http://www.lsaslaw.com/blog/schedule-your-creditors/
Filing A Pro Se Bankruptcy Case http://www.lsaslaw.com/blog/filing-a-pro-se-bankruptcy-case/ If you are thinking about filing for bankruptcy, you are likely trying to find every way possible to save money. Many people think they can save money by representing themselves in their filing. This is called filing “pro se” or without the assistance of an attorney. Sadly, many cases filed by pro se debtors end up costing them much more!

]]>
2016-09-28 00:00:00 http://www.lsaslaw.com/blog/filing-a-pro-se-bankruptcy-case/
Afraid to File For Bankruptcy Protection? http://www.lsaslaw.com/blog/afraid-to-file-for-bankruptcy-protection/ Are you reluctant to file for bankruptcy protection, even though you know you need debt relief? If so, join the crowd! Most people who desperately want financial help are afraid to ask for it. It is common for our clients to say they are not “the type” to file for bankruptcy. Ironically, the type of person to file an individual Chapter 7, 11 or 13, is most commonly a honest, hard-working individual who has experienced unexpected financial hardships.

]]>
2016-09-26 00:00:00 http://www.lsaslaw.com/blog/afraid-to-file-for-bankruptcy-protection/
Timing: It is Important to Your Bankruptcy Filing http://www.lsaslaw.com/blog/timing-it-is-important-to-your-bankruptcy-filing/ As with anything, timing is important when you are planning to file a personal Chapter 7, 11 or 13 case. If possible, you want to plan the optimum time to file in order to maximize the benefits to you. The more time you allow us to plan and strategize, the more likely you will obtain a successful outcome. Equally as important, however, is not to procrastinate or wait too long to file. Consider this:

]]>
2016-09-26 00:00:00 http://www.lsaslaw.com/blog/timing-it-is-important-to-your-bankruptcy-filing/
Garnishments, Bankruptcy & What You Need to Know http://www.lsaslaw.com/blog/garnishments-bankruptcy-what-you-need-to-know/ If you have been sued by a creditor  who obtained a judgment against you, it is likely a garnishment has been (or will be) filed against you. A garnishment is a tool used by creditors to collect the money awarded in a judgment. A creditor can either file a garnishment against your bank accounts or against your paycheck.

]]>
2016-09-21 00:00:00 http://www.lsaslaw.com/blog/garnishments-bankruptcy-what-you-need-to-know/
Should one or both spouses file bankruptcy? http://www.lsaslaw.com/blog/should-one-or-both-spouses-file-bankruptcy/ Married couples who are struggling financially often ask us whether they should both file for bankruptcy or if only one of them should file. There are numerous factors that must be considered in answering this question. A few important items to think about are:

]]>
2016-09-19 00:00:00 http://www.lsaslaw.com/blog/should-one-or-both-spouses-file-bankruptcy/
Debt: Secured versus Unsecured http://www.lsaslaw.com/blog/debt-secured-versus-unsecured/ When you file for bankruptcy, your debt is classified as secured, unsecured priority,  or unsecured nonpriority. There are different rules for how your debt is treated depending upon its classification. Thus, it is important for you to understand what types of debt you have and how each will be treated in your filing.

]]>
2016-09-14 00:00:00 http://www.lsaslaw.com/blog/debt-secured-versus-unsecured/
What happens to a co-debtor in your bankruptcy? http://www.lsaslaw.com/blog/what-happens-to-a-co-debtor-in-your-bankruptcy/ Many clients who file bankruptcy are concerned about how their filing will impact relatives or friends that have co-signed a loan with them. The answer depends on what type of case you file. A Chapter 13 filing provides you with the automatic stay and your co-signees on loans with a “co-debtor stay.” Similar to the automatic stay, the co-debtor stay prohibits creditors from taking any collection activity against your co-debtor during your Chapter 13 case, unless relief from the co-debtor stay is granted by the court.

]]>
2016-09-12 00:00:00 http://www.lsaslaw.com/blog/what-happens-to-a-co-debtor-in-your-bankruptcy/
How to Handle Debt Collectors AFTER Your Bankruptcy http://www.lsaslaw.com/blog/how-to-handle-debt-collectors-after-your-bankruptcy/ When you file for bankruptcy, the automatic stay prohibits debt collectors from taking action against you. Once you obtain your discharge order, which eliminates your dischargeable debts, debt collectors are barred from pursuing collection activity against you for discharged debts. However, it is possible that a collector may try to contact you even after your discharge order has been entered. Below are a few suggestions for how to handle the collector if this happens to you:

]]>
2016-09-05 00:00:00 http://www.lsaslaw.com/blog/how-to-handle-debt-collectors-after-your-bankruptcy/
Is Bankruptcy Right for YOU? http://www.lsaslaw.com/blog/is-bankruptcy-right-for-you/ We all know that bankruptcy was created to help individuals recover from debt. However, it may not be so easy to decide if it is the right option for you because there are many factors that must be considered. While there is no formula you can follow to determine if it is the right time to file a case, there are a few circumstances that indicate a personal bankruptcy may be warranted:

]]>
2016-08-31 00:00:00 http://www.lsaslaw.com/blog/is-bankruptcy-right-for-you/
Tips for Talking to Attorneys http://www.lsaslaw.com/blog/tips-for-talking-to-attorneys/ If you are meeting with a lawyer to discuss your financial problems, it probably isn’t something you are excited about. For many people, attorneys are intimidating and seem unapproachable. However, it is important to remember that we are just people trying to help you out. We really don’t have a secret agenda, I promise!

]]>
2016-08-29 00:00:00 http://www.lsaslaw.com/blog/tips-for-talking-to-attorneys/
Your House is in Foreclosure: What Should You Do?-Part 2 http://www.lsaslaw.com/blog/your-house-is-in-foreclosure-what-should-you-do-part-2/ Hopefully you have read the first part of this blog that discusses mortgage modifications and short sales. This portion of the blog will examine how filing a Chapter 7, Chapter 11, or Chapter 13 bankruptcy can impact your foreclosure.

]]>
2016-08-22 00:00:00 http://www.lsaslaw.com/blog/your-house-is-in-foreclosure-what-should-you-do-part-2/
Do Chapter 7 and Chapter 13 Bankruptcy Impact Your Credit Score Differently? http://www.lsaslaw.com/blog/do-chapter-7-and-chapter-13-bankruptcy-impact-your-credit-score-differently/ One of the most common questions we get from clients is how bankruptcy will impact their credit score. For many individuals, their past due payment history, lawsuits and repossessions have already damaged their credit score, so filing bankruptcy does not have a significant impact. This is especially true when compared to how effective bankruptcy is in eliminating debt and getting the person’s financial life back on track. However, it is important to understand that there are differences between how long a Chapter 7 and Chapter 13 filing stays on your credit report.

]]>
2016-08-15 00:00:00 http://www.lsaslaw.com/blog/do-chapter-7-and-chapter-13-bankruptcy-impact-your-credit-score-differently/
Understanding What a Bankruptcy Discharge Means to You http://www.lsaslaw.com/blog/understanding-what-a-bankruptcy-discharge-means-to-you/ One of the primary goals of filing a bankruptcy case is to obtain a discharge of your debt. When the bankruptcy court enters your discharge order, it means that you are no longer legally liable to pay the majority (or possibly all) of the debts included in your bankruptcy filing. In essence, the discharged debt is eliminated! In many cases, this saves a debtor thousands (or even hundreds of thousands) of dollars. This dramatic relief from debt is the reason bankruptcy is commonly referred to as giving you a financial “fresh start.”

]]>
2016-08-10 00:00:00 http://www.lsaslaw.com/blog/understanding-what-a-bankruptcy-discharge-means-to-you/
Chapter 13 – What is YOUR Plan? http://www.lsaslaw.com/blog/chapter-13-what-is-your-plan/ The two main types of personal bankruptcy cases are Chapter 7 and Chapter 13. For more information on Chapter 7 filings, please click here. The Chapter 13 procedure provides you flexibility and it allows you to reorganize your finances. So, what does this really mean?

]]>
2016-08-08 00:00:00 http://www.lsaslaw.com/blog/chapter-13-what-is-your-plan/
Why Should YOU File Chapter 7 Bankruptcy? http://www.lsaslaw.com/blog/why-should-you-file-chapter-7-bankruptcy/ The two most common types of personal bankruptcy cases are Chapter 7 and Chapter 13. It is important to understand that you may only qualify to file one type of bankruptcy. This blog focuses on the advantages of filing a Chapter 7, but for more information on a Chapter 13 filing, click here.

]]>
2016-08-03 00:00:00 http://www.lsaslaw.com/blog/why-should-you-file-chapter-7-bankruptcy/
What is a Bankruptcy Means Test? http://www.lsaslaw.com/blog/what-is-a-bankruptcy-means-test/ Back in 2005, changes were made to the bankruptcy process to prevent abuse and fraud of Chapter 7 bankruptcy. One of those measures is called the means test. The means test is a series of criteria that narrows down those who qualify for Chapter 7 bankruptcy. If you pass the means test, then you do not have the “means” or any other way to pay off your debt.

]]>
2016-08-03 00:00:00 http://www.lsaslaw.com/blog/what-is-a-bankruptcy-means-test/
Your Student Loan May Be Eligible for Discharge in Bankruptcy http://www.lsaslaw.com/blog/your-student-loan-may-be-eligible-for-discharge-in-bankruptcy/ The prevailing wisdom in bankruptcy cases is that taxes, child support and student loans are not eligible for discharge in bankruptcy. However, not all student loans are created equal. Certain circumstances may make your federal or private student loan eligible for a bankruptcy discharge or reduced settlement.

]]>
2016-08-01 00:00:00 http://www.lsaslaw.com/blog/your-student-loan-may-be-eligible-for-discharge-in-bankruptcy/
Different Ways for Consumers to File Bankruptcy in Florida http://www.lsaslaw.com/blog/different-ways-for-consumers-to-file-bankruptcy-in-florida/ Consumers have three different ways to file for bankruptcy: Chapter 7, Chapter 11 and Chapter 13. These filings make sense for different individuals based on their circumstances, their ability to make payments or not, and the things they own.    

]]>
2016-07-27 00:00:00 http://www.lsaslaw.com/blog/different-ways-for-consumers-to-file-bankruptcy-in-florida/
What Happens When Your Spouse Files for Bankruptcy? http://www.lsaslaw.com/blog/what-happens-when-your-spouse-files-for-bankruptcy/ When a couple has joint accounts, both spouses are not required to file bankruptcy—one spouse can still file for bankruptcy as an individual. While the non-filing spouse’s credit score should not be affected by the other spouse’s bankruptcy, he or she may still benefit from speaking with a bankruptcy attorney.

]]>
2016-07-25 00:00:00 http://www.lsaslaw.com/blog/what-happens-when-your-spouse-files-for-bankruptcy/
What You Need to Know Before You File for Bankruptcy http://www.lsaslaw.com/blog/what-you-need-to-know-before-you-file-for-bankruptcy/ Filing for bankruptcy is like a trip back in time and a crime scene investigation rolled into one. This means that your actions prior to filing bankruptcy can have huge consequences, even if you had the best of intentions.

]]>
2016-07-25 00:00:00 http://www.lsaslaw.com/blog/what-you-need-to-know-before-you-file-for-bankruptcy/
When You Feel You Can’t Afford to File for Bankruptcy http://www.lsaslaw.com/blog/when-you-feel-you-can-t-afford-to-file-for-bankruptcy/ Some people who come see us for an initial bankruptcy consultation feel that they have been struggling with their debts for so long that they can’t afford to pay the attorneys fees and costs needed to file bankruptcy.

]]>
2016-07-20 00:00:00 http://www.lsaslaw.com/blog/when-you-feel-you-can-t-afford-to-file-for-bankruptcy/
The Top Five Reasons People Go Bankrupt http://www.lsaslaw.com/blog/the-top-five-reasons-people-go-bankrupt/ After the housing bubble of the late 2000s, a dramatic increase in bankruptcy filings occurred. The housing crisis hit the South Florida area especially hard, as well as other states that experienced a large amount of real estate investment and speculation.

]]>
2016-07-18 00:00:00 http://www.lsaslaw.com/blog/the-top-five-reasons-people-go-bankrupt/
Is Your Business Closing? Obtain Maximum Liquidation Value for Your Company’s Creditors Through an ABC http://www.lsaslaw.com/blog/is-your-business-closing-obtain-maximum-liquidation-value-for-your-company-s-creditors-through-an-abc/ We consulted with a business that was forced to ultimately close due to an inability to pay its debts when they came due. Numerous creditors filed lawsuits and obtained judgments against the company. The company retained us to assist with a liquidation of its assets, so that the value to the creditors could be maximized and so that creditors’ claims could be liquidated in one venue.

]]>
2016-07-13 00:00:00 http://www.lsaslaw.com/blog/is-your-business-closing-obtain-maximum-liquidation-value-for-your-company-s-creditors-through-an-abc/
Multiple Mortgages? Modify Them in an Individual Chapter 11 to Save Your Home and Investment Properties http://www.lsaslaw.com/blog/multiple-mortgages-modify-them-in-an-individual-chapter-11-to-save-your-home-and-investment-properties/ We consulted with an individual who owned 5 real properties, including his homestead. Each property was valued at less than the respective 1st mortgage.

]]>
2016-07-11 00:00:00 http://www.lsaslaw.com/blog/multiple-mortgages-modify-them-in-an-individual-chapter-11-to-save-your-home-and-investment-properties/
Chapter 11 for Individuals: Save Hundreds of Thousands of Dollars by Stripping and Cramming Down Mortgages! http://www.lsaslaw.com/blog/chapter-11-for-individuals-save-hundreds-of-thousands-of-dollars-by-stripping-and-cramming-down-mortgages/ We consulted with a couple who owned 6 real properties , including their homestead. Each property was valued at less than the respective 1st mortgage, and in several instances, there was a 2nd mortgage, as well as other encumbrances, such as judgments liens, municipal liens and association claims of lien.

]]>
2016-07-06 00:00:00 http://www.lsaslaw.com/blog/chapter-11-for-individuals-save-hundreds-of-thousands-of-dollars-by-stripping-and-cramming-down-mortgages/
How to Save Your Business’ Assets in a Chapter 11 Bankruptcy http://www.lsaslaw.com/blog/how-to-save-your-business-assets-in-a-chapter-11-bankruptcy/ We consulted with a business that was a manufacturing plant that had heavy equipment. The equipment was financed through secured lenders. The company had numerous unsecured trade creditors, as well. Due to the downturn of the economy, the company was unable to keep current in its payments, and a creditor obtained a judgment and was about to execute and take all of the assets of the company.

]]>
2016-07-05 00:00:00 http://www.lsaslaw.com/blog/how-to-save-your-business-assets-in-a-chapter-11-bankruptcy/
Corporate Chapter 11 Too Costly? Sell Your Company as a Going Concern Through an ABC http://www.lsaslaw.com/blog/corporate-chapter-11-too-costly-sell-your-company-as-a-going-concern-through-an-abc/ We consulted with a medical practice that had substantial liability associated with old equipment leases and other obligations. One of the company’s creditors filed a lawsuit. The value of the company’s assets was far less than the total amount of its liabilities. If sold as a going concern, the company would derive much more value for its creditors than if its assets were liquidated. However, the cost of a Chapter 11 was prohibitive.

]]>
2016-06-28 00:00:00 http://www.lsaslaw.com/blog/corporate-chapter-11-too-costly-sell-your-company-as-a-going-concern-through-an-abc/
Personally Guaranteed business debt? Don’t Worry – Discharge it in a Personal Chapter 7 Bankruptcy http://www.lsaslaw.com/blog/personally-guaranteed-business-debt-don-t-worry-discharge-it-in-a-personal-chapter-7-bankruptcy/ We consulted with a single woman who rented her home, and owned personal property valued at $2,186.41. Our client’s debt totaled $288,179.42, all of which was unsecured. The majority of the debt was comprised of business credit card debt and personal guarantees that she had incurred while owning a business that had recently stopped operating.

]]>
2016-06-23 00:00:00 http://www.lsaslaw.com/blog/personally-guaranteed-business-debt-don-t-worry-discharge-it-in-a-personal-chapter-7-bankruptcy/
Repurchasing Your Interest in Personal Property in a Personal Chapter 7 Bankruptcy http://www.lsaslaw.com/blog/repurchasing-your-interest-in-personal-property-in-a-personal-chapter-7-bankruptcy/ We consulted with a divorced man who rented his home, owned a car that was worth $9,000.00, and owned additional personal property valued at $4,338.44. Our client’s debt totaled $288,179.42, and was 100% unsecured. It was mostly comprised of a deficiency on real property that he used to own that was sold in a foreclosure sale, as well as some medical debt, and personal loans. Besides the foreclosure judgment, there was 1 other judgment that had been entered against our client.

]]>
2016-06-21 00:00:00 http://www.lsaslaw.com/blog/repurchasing-your-interest-in-personal-property-in-a-personal-chapter-7-bankruptcy/
Hire an Attorney to File Your Personal Chapter 7 Bankruptcy to Ensure that all Available Exemptions are Claimed http://www.lsaslaw.com/blog/hire-an-attorney-to-file-your-personal-chapter-7-bankruptcy-to-ensure-that-all-available-exemptions-are-claimed/ We consulted with a married man who had a wife who was not going to join him in a bankruptcy, and 2 minor children. He came to see us because one of his creditors had garnished his bank accounts. He and his wife rented their home. While most of the couple’s personal property was jointly owned, our client owned 1 car valued at $4,500.00, and other personal property worth $6,260.62. Since our client qualified as the head of his family, his wages ($1,350.62 of the $6,260.62) were exempt under Florida law.

]]>
2016-06-21 00:00:00 http://www.lsaslaw.com/blog/hire-an-attorney-to-file-your-personal-chapter-7-bankruptcy-to-ensure-that-all-available-exemptions-are-claimed/
Repaying Your Student Loans http://www.lsaslaw.com/blog/repaying-your-student-loans/ If you graduated from college recently, you may be ready to take on the world, but are you ready to take on your student loans? Like most other things in life, it is important to have a strategy in place. Below are a few tips for getting started:

]]>
2016-06-20 00:00:00 http://www.lsaslaw.com/blog/repaying-your-student-loans/
Judgments Entered Against You? Have No Fear – They Can Be Discharged in a Personal Chapter 7 Bankruptcy http://www.lsaslaw.com/blog/judgments-entered-against-you-have-no-fear-they-can-be-discharged-in-a-personal-chapter-7-bankruptcy/ We consulted with a divorced woman who rented her home, financed a car that was worth less than the amount due on the loan, and owned personal property valued at $1,850.84.

]]>
2016-06-16 00:00:00 http://www.lsaslaw.com/blog/judgments-entered-against-you-have-no-fear-they-can-be-discharged-in-a-personal-chapter-7-bankruptcy/
Student Loan Interest Rate Changes http://www.lsaslaw.com/blog/student-loan-interest-rate-changes/ 2016-06-15 00:00:00 http://www.lsaslaw.com/blog/student-loan-interest-rate-changes/ You Can File a Personal Chapter 7 Bankruptcy and Keep All of Your Assets! http://www.lsaslaw.com/blog/you-can-file-a-personal-chapter-7-bankruptcy-and-keep-all-of-your-assets/ We consulted with a married couple who owned their homestead, 2 cars valued at $3,500.00 (both owned by the husband), and other personal property worth $10,742.74. They had exempt retirement accounts worth $6,074.72.

]]>
2016-06-14 00:00:00 http://www.lsaslaw.com/blog/you-can-file-a-personal-chapter-7-bankruptcy-and-keep-all-of-your-assets/
Defaulted Federal Student Loans http://www.lsaslaw.com/blog/defaulted-federal-student-loans/ Student loan borrowers should be aware of the important changes that took effect on July 1, 2014, which may impact their loans. One of the changes affects borrowers with federal student loans that are in default. Three of the most popular options for getting a defaulted loan back in good standing are: (i) settlement; (ii) rehabilitation; and (iii) consolidation. The recent change primarily impacts the rehabilitation process.

]]>
2016-06-13 00:00:00 http://www.lsaslaw.com/blog/defaulted-federal-student-loans/
Cure Your Mortgage Arrears in a Chapter 13 Bankruptcy in Order to Keep Real Property http://www.lsaslaw.com/blog/cure-your-mortgage-arrears-in-a-chapter-13-bankruptcy-in-order-to-keep-real-property/ A client consulted with us in an effort to save her homestead property and investment property. Her children lived in her investment property, so she didn’t want to lose it. However, the client hadn’t paid her mortgage payments or real estate taxes in years on either property.

]]>
2016-06-09 00:00:00 http://www.lsaslaw.com/blog/cure-your-mortgage-arrears-in-a-chapter-13-bankruptcy-in-order-to-keep-real-property/
Subsidized vs. Unsubsidized Stafford Loans http://www.lsaslaw.com/blog/subsidized-vs-unsubsidized-stafford-loans/ When you are researching student loans and trying to decide which one is the best for you, it is important to know the difference between subsidized and unsubsidized loans. A subsidized loan is more beneficial for borrowers because the federal government will pay the interest that accrues during periods of deferment. The borrower is liable to pay all of the accrued interest on unsubsidized loans. Thus, having a subsidized loan can save the borrower a significant amount of money.

]]>
2016-06-08 00:00:00 http://www.lsaslaw.com/blog/subsidized-vs-unsubsidized-stafford-loans/
Save Your Investment Property in a Chapter 13 Bankruptcy http://www.lsaslaw.com/blog/save-your-investment-property-in-a-chapter-13-bankruptcy/ A client consulted with us because she was trying to save her investment property. She originally filed a Chapter 13 bankruptcy with another law firm, but the case was dismissed. Her investment property was worth $90,000.00, and it had a $131,860.00 mortgage encumbering it.

]]>
2016-06-07 00:00:00 http://www.lsaslaw.com/blog/save-your-investment-property-in-a-chapter-13-bankruptcy/
Sallie Mae Student Loans: Who is Navient? http://www.lsaslaw.com/blog/sallie-mae-student-loans-who-is-navient/ Borrowers with Sallie Mae student loans may soon be receiving communications from “Navient.” Sallie Mae has announced that it has split up into two companies and Navient, the new company, will be handling all of the servicing and billing of its federal and certain private student loans.

]]>
2016-06-06 00:00:00 http://www.lsaslaw.com/blog/sallie-mae-student-loans-who-is-navient/
Understanding IBR, ICR and PAYE http://www.lsaslaw.com/blog/understanding-ibr-icr-and-paye/ If have a student loan and you are interested in reducing your monthly payment to a more manageable amount, we can help you explore your income-based repayment plans and determine if you meet the eligibility requirements.

]]>
2016-06-01 00:00:00 http://www.lsaslaw.com/blog/understanding-ibr-icr-and-paye/
Closed School Discharge of Federal Student Loans http://www.lsaslaw.com/blog/closed-school-discharge-of-federal-student-loans/ The world of student loans had several big changes become effective July 1st. In uncanny timing, one of the changes applies to the closed school discharge, which could affect thousands of students because of the recent announcement that Corinthian College Inc. will be selling and closing the majority of its campuses.

]]>
2014-07-17 00:00:00 http://www.lsaslaw.com/blog/closed-school-discharge-of-federal-student-loans/
Corinthian College Campuses Closing http://www.lsaslaw.com/blog/corinthian-college-campuses-closing/ Corinthian Colleges Inc., based in Santa Ana, California, has announced that it will sell the majority of its campuses (at least 85 will be sold and 12 closed) over the next six months, pursuant to an agreement reached between the for-profit college and the U.S. Department of Education.

]]>
2014-07-14 03:03:11 http://www.lsaslaw.com/blog/corinthian-college-campuses-closing/
U.S. Supreme Court Holds Inherited IRAs Available to Creditors http://www.lsaslaw.com/blog/u-s-supreme-court-holds-inherited-iras-available-to-creditors/ The United States Supreme Court recently unanimously ruled that inherited individual retirement accounts (IRAs) are accessible to creditors in bankruptcy. This means that if you inherit an IRA from somebody other than your spouse, it is not considered exempt retirement funds. The Court based its decision on the fact that a beneficiary of an inherited IRA cannot invest additional money or delay distributions until retirement.

]]>
2014-07-02 00:00:00 http://www.lsaslaw.com/blog/u-s-supreme-court-holds-inherited-iras-available-to-creditors/
New Student Loan Legislation Fails to Pass http://www.lsaslaw.com/blog/new-student-loan-legislation-fails-to-pass/ Senator Elizabeth Warren (D-Mass.) recently proposed a bill called the “Bank on Students Emergency Loan Refinancing Act” that would permit student loan borrowers to refinance their existing loans for new loans with lower interest rates. The goal of the legislation was to potentially save graduates thousands of dollars. The White House announced that President Barack Obama supported the proposal, but it wasn’t enough to get the bill passed.

]]>
2014-06-23 04:10:14 http://www.lsaslaw.com/blog/new-student-loan-legislation-fails-to-pass/
Can Florida’s Loss Mitigation Mediation Program Help Me? http://www.lsaslaw.com/blog/can-florida-s-loss-mitigation-mediation-program-help-me/ On April 30, 2013, the United States Bankruptcy Court for the Southern District of Florida initiated the Loss Mitigation Mediation (LMM) program. The program is designed to provide a forum for Debtors who have an interest in real property and are obligated on the promissory note or mortgage to explore modifying a mortgage or surrendering the property. The goal of LMM (which soon will be known as MMM (Mortgage Modification Mediation)) is to promote communication and exchange of information between debtors and lenders with the court’s supervision.

]]>
2014-06-19 04:23:17 http://www.lsaslaw.com/blog/can-florida-s-loss-mitigation-mediation-program-help-me/
Miami’s Foreclosure Rate is Declining….Finally! http://www.lsaslaw.com/blog/miami-s-foreclosure-rate-is-declining-finally/ There is finally some good news in the Miami real estate market – there are fewer mortgage loans in foreclosure and fewer going into default. While this is a step in the right direction, CoreLogic reports that Miami’s rate of foreclosures, and the number of past due mortgages, are still above state and national levels.

]]>
2014-06-18 04:33:15 http://www.lsaslaw.com/blog/miami-s-foreclosure-rate-is-declining-finally/
Federal Student Loan Interest Rates Increase July 1st http://www.lsaslaw.com/blog/federal-student-loan-interest-rates-increase-july-1st/ If you are considering taking out a federal student loan, take note that interest rates are set to increase on July 1, 2014. Before you panic, the experts are saying that federal loans still remain a good deal for students.

]]>
2014-06-02 05:17:56 http://www.lsaslaw.com/blog/federal-student-loan-interest-rates-increase-july-1st/
Dispute And Correct Credit Report Errors In 4 Easy Steps http://www.lsaslaw.com/blog/dispute-and-correct-credit-report-errors-in-4-easy-steps/ Below is a very helpful article written by Jay Fleischman and posted on the Consumer Ledger website:

]]>
2014-05-30 00:00:00 http://www.lsaslaw.com/blog/dispute-and-correct-credit-report-errors-in-4-easy-steps/
Let the debt go! http://www.lsaslaw.com/blog/let-the-debt-go/ The following is an excellent article we found on the Bankruptcy Law Network. It was written by Rachel Lynn Foley and we wanted to share it:

]]>
2014-05-19 05:31:25 http://www.lsaslaw.com/blog/let-the-debt-go/
Florida’s Metro Areas Rank at the Top for Foreclosures in April http://www.lsaslaw.com/blog/florida-s-metro-areas-rank-at-the-top-for-foreclosures-in-april/ According to RealtyTrac, one of the leading sources for real property information, the Miami-Fort Lauderdale-Pompano Beach area had the third-highest foreclosure activity among large metro areas last month.

]]>
2014-05-16 05:53:32 http://www.lsaslaw.com/blog/florida-s-metro-areas-rank-at-the-top-for-foreclosures-in-april/
Student Loan Debt Negatively Impacting the Housing Market http://www.lsaslaw.com/blog/student-loan-debt-negatively-impacting-the-housing-market/ The overwhelming amount of outstanding student loan debt - estimated to be near $1 trillion - is negatively impacting the U.S. economy. The housing industry is the primary market being affected, due to a significant decline in its richest source of new buyers, young college graduates.

]]>
2014-05-07 00:00:00 http://www.lsaslaw.com/blog/student-loan-debt-negatively-impacting-the-housing-market/
Teri Polo Files Chapter 11 Bankruptcy http://www.lsaslaw.com/blog/teri-polo-files-chapter-11-bankruptcy/ Teri Polo, the actress best known for her role in the trilogy of "Meet the Parents" films, has filed for bankruptcy protection. She currently stars on the ABC Family show "The Fosters." Polo is a resident of Manhattan Beach, California.

]]>
2014-05-06 00:00:00 http://www.lsaslaw.com/blog/teri-polo-files-chapter-11-bankruptcy/
Private Student Loans & “Automatic Defaults” http://www.lsaslaw.com/blog/private-student-loans-automatic-defaults/ The federal Consumer Financial Protection Bureau (CFPB) has reported that "automatic defaults" can happen even to individuals who faithfully pay their private student loans. Borrowers who are current on their loans have complained to the CFPB that they are being placed in automatic default when a co-signer on their loan dies or files a personal bankruptcy.

]]>
2014-05-05 00:00:00 http://www.lsaslaw.com/blog/private-student-loans-automatic-defaults/
Considering Bankruptcy? Save Money & File Before June 1, 2014 http://www.lsaslaw.com/blog/considering-bankruptcy-save-money-file-before-june-1-2014/ If you are considering filing bankruptcy, you may want to do so before June 1, 2014. Bankruptcy filing fees will increase for new cases filed on or after June 1, 2014. Some of the new filing fees are:

]]>
2014-05-01 00:00:00 http://www.lsaslaw.com/blog/considering-bankruptcy-save-money-file-before-june-1-2014/
Good News For Miami – Foreclosures are on the Decline http://www.lsaslaw.com/blog/good-news-for-miami-foreclosures-are-on-the-decline/ The Miami Herald reports that foreclosures in the Miami area are decreasing. According to CoreLogic, one of the leading providers of financial and real property information, 8.09 percent of the mortgages outstanding in January in the Miami-Miami Beach-Kendall area were in some stage of foreclosure, down from 14.02 percent a year earlier.

]]>
2014-04-28 00:00:00 http://www.lsaslaw.com/blog/good-news-for-miami-foreclosures-are-on-the-decline/
Are Florida’s Homes Emerging from Underwater? http://www.lsaslaw.com/blog/are-florida-s-homes-emerging-from-underwater/ The Miami Herald recently reported that home prices in the metro Miami area are rebounding and, as a result, there has been a decrease in the number of underwater mortgages. Unfortunately, southern Florida still has a ways to go to full recover from the real estate crash.

]]>
2014-04-09 08:49:14 http://www.lsaslaw.com/blog/are-florida-s-homes-emerging-from-underwater/
Bankruptcy Petition Preparer Sent to Prison http://www.lsaslaw.com/blog/bankruptcy-petition-preparer-sent-to-prison/ Derrick Hills, a bankruptcy petition preparer in Michigan, has been sentenced to serve 46 months in prison after being convicted by a jury of five counts of criminal contempt. Apparently, U.S. Bankruptcy Judge Steven Rhodes had issued five separate court orders barring Hills from assisting debtors with their bankruptcy filings, which Hills ignored. Judge Rhodes finally referred the matter over for criminal prosecution.

]]>
2014-03-04 00:00:00 http://www.lsaslaw.com/blog/bankruptcy-petition-preparer-sent-to-prison/
Debt Relief: Is bankruptcy or a short sale better? http://www.lsaslaw.com/blog/debt-relief-is-bankruptcy-or-a-short-sale-better/ Although the housing market is supposedly recovering from the real estate crises, many homeowners are still struggling to make their mortgage payments. If you are one of them, you may be trying to decide whether a short sale and/or filing for bankruptcy is the best option for you.

]]>
2014-03-03 00:00:00 http://www.lsaslaw.com/blog/debt-relief-is-bankruptcy-or-a-short-sale-better/
Chapter 7 Trustees & Your Tax Refund http://www.lsaslaw.com/blog/chapter-7-trustees-your-tax-refund/ “Tax Day” is quickly approaching!  Many debtors wonder what happens with their tax refund in a bankruptcy filing. In a Chapter 7 bankruptcy case, the trustee investigates all of the debtor's non-exempt assets.  Your tax refund (other than possibly the earned income credit portion) is considered a non-exempt asset of the bankruptcy estate.

]]>
2014-02-27 00:00:00 http://www.lsaslaw.com/blog/chapter-7-trustees-your-tax-refund/
Your House is in Foreclosure: What Should You Do? http://www.lsaslaw.com/blog/your-house-is-in-foreclosure-what-should-you-do/ Facing foreclosure is stressful and overwhelming. The thought of your family being thrown out on the street probably keeps you awake at night. You may be aware there are many options available, but it isn’t always easy to know which choice is best for you. This blog will provide a summary of a few actions to consider, but it is always best to consult with an experienced debt relief attorney to discuss your individual circumstances.

]]>
2014-02-20 00:00:00 http://www.lsaslaw.com/blog/your-house-is-in-foreclosure-what-should-you-do/
Justice Department Extends Federal Benefits to Same-Sex Couples http://www.lsaslaw.com/blog/justice-department-extends-federal-benefits-to-same-sex-couples/ The Justice Department has announced that it is expanding the federal benefits available to couples in same-sex marriages. This expansion will extend to those states, including Florida, where same-sex marriages are not legal, but only in matters where the U.S. government has jurisdiction.

]]>
2014-02-19 00:00:00 http://www.lsaslaw.com/blog/justice-department-extends-federal-benefits-to-same-sex-couples/
Nickelodeon Star, Drake Bell, Files Bankruptcy http://www.lsaslaw.com/blog/nickelodeon-star-drake-bell-files-bankruptcy/ Drake Bell, best known for his role on the Nickelodeon sitcom “Drake & Josh”, which aired from 2004 through 2008, has filed for bankruptcy protection. Although the 26-year old reportedly earned $408,000 in 2012, he only made approximately $14,000 in 2013. This drastic decrease in earnings and back taxes in the amount of $46,000 contributed to his bankruptcy filing.

]]>
2014-02-14 00:00:00 http://www.lsaslaw.com/blog/nickelodeon-star-drake-bell-files-bankruptcy/
How to Free Yourself from a Second Mortgage in Bankruptcy http://www.lsaslaw.com/blog/how-to-free-yourself-from-a-second-mortgage-in-bankruptcy/ The Eleventh Circuit Court of Appeals has ruled that Florida homeowners can eliminate a second mortgage during Chapter 7 bankruptcy.

]]>
2014-01-22 00:00:00 http://www.lsaslaw.com/blog/how-to-free-yourself-from-a-second-mortgage-in-bankruptcy/
Casey Anthony Files for Bankruptcy http://www.lsaslaw.com/blog/casey-anthony-files-for-bankruptcy/ In December 2013, a Florida bankruptcy judge ruled that Casey Anthony would not have to pay most of the nearly $800,000 she owes creditors. Anthony made the news in 2011 when she went on trial for the murder of her 2-year-old daughter, Caylee. She was acquitted on murder charges but convicted of lying to law enforcement.

]]>
2014-01-21 00:00:00 http://www.lsaslaw.com/blog/casey-anthony-files-for-bankruptcy/
Reforms Coming for Corporate Bankruptcy http://www.lsaslaw.com/blog/reforms-coming-for-corporate-bankruptcy/ In December 2014, a new report is due out about how to go about modernizing the U.S. bankruptcy code. For the past 18 months, project commissioners from the American Bankruptcy Institute have been listening to testimony from 150 different professionals on how it could be done.

]]>
2014-01-17 00:00:00 http://www.lsaslaw.com/blog/reforms-coming-for-corporate-bankruptcy/
What Happens when Your School Files for Bankruptcy http://www.lsaslaw.com/blog/what-happens-when-your-school-files-for-bankruptcy/ An Indiana trade school that prepared students for jobs in the medical field filed for bankruptcy just before finals this year. Students said the school shut down prior to Thanksgiving 2013 for scheduled maintenance, and then received a letter saying the school was bankrupt.

]]>
2014-01-03 00:00:00 http://www.lsaslaw.com/blog/what-happens-when-your-school-files-for-bankruptcy/