Tag Archive for: bankruptcy case law

How Do I Qualify For a Chapter 13?

    • I Have Regular Income
    • I Don’t Qualify For A Chapter 7 under the Means Test
    • I want to Save a House in Foreclosure
    • I want to Save A Car From Repossion
    • My Unsecured Debts (Like Credit Cards) Are Under $419,275*
    • My Secured Debts (Like Mortgages) Are Under $1,257,850*  

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

  • *As of April 1, 2019

What Does Chapter 13 Do?

  • Stop Foreclosures
  • Cure Mortgage Loan Delinquency
  • Reduce Principal Debt On Car Loans
  • Wipe Out Second Mortgages
  • Stop IRS Collections

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Qualifying For A Chapter 7

  • Your Income Barely Covers Your Bills
  • You Can Pass The Bankruptcy “Means Test” Or You Have Exceptional Circumstances
  • You Don’t Have Enough Assets To Pay Off Your Debts
  • Your Debts are Non-Consumer
  • You are a Business Liquidating

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Chapter 13 Bankruptcy Overview

This is a slide show presentation on Chapter 13 click  the link to continue

https://www.haikudeck.com/copy-of-haiku-deck-in-action-business-presentation-74c47b369e

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

No More Lien Stripping in Chapter 7

Today, the Supreme Court decided the case of Bank of America, N.A. v. Caulkett.  The Court held, unanimously that a debtor in chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d)( lien strip).   SCOTUS reinforced Dewsnup in holding that, the junior lien claims are secured by a lien and allowed under Section 502, that claim cannot be voided, however, when you add the effect of Section 1322(b)(2), the results might well be different, as they were in Nobleman ( you can strip in 13)sup ct decision no more lien strip in 7 6-1-15

http://www.housingwire.com/articles/34051-supreme-court-rejects-2nd-lien-stripping-in-chapter-7-bankruptcies#.VWygK_5o9U8.facebook

 

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]

Order 11th Cir – Lodge v. Kondaur – stay violation that causes emotional harm can be “actual” damages under 362(k)

bk1

Consumer debtors claimed violation of the bankruptcy stay based on a “Notice of Sale” that was published in a local newspaper, and in letters that they received from law firms.  The sale was canceled but debtors did not learn that until later.

Although two separate motions for relief from stay were filed by two different “creditors”, the motions were never ruled on and the stay remained in effect throughout the bankruptcy proceedings.  After discharge, the debtors sued seeking  damages under § 362(k) for their emotional distress.

The First, Seventh, and Ninth Circuits have ruled that emotional damages are encompassed within the  “actual” damages provision in § 362(k).  The Fifth Circuit has indicated agreement with this determination.

The Ninth Circuit set up a test for courts to apply when considering whether a plaintiff can recover damages for emotional distress:

1. the plaintiff suffered “significant harm,” as opposed to “[f]leeting or trivial anxiety or distress”;

2. that significant harm is “clearly establish[ed]”; and

3. there is “a causal connection between that significant harm and the violation of the automatic stay (as distinct, for instance, from the anxiety and pressures inherent in the bankruptcy process).”

The Ninth Circuit explained that the second part of the test can be covered by corroborating medical evidence or non-expert testimony (family members, friends, or co-workers) about the manifestations of the anguish.

Lodge v. Kondaur Capital Corp., — F.3d —-, 2014 WL 1813298 (11th Cir. May 8, 2014)

 

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]

CLARK ET UX. v. RAMEKER, TRUSTEE, ET AL Decided June 12, 2014

The U.S. Supreme Court has now found that funds in an inherited IRA account are not exempt funds. This decision could have far-reaching and significant impact on people with large sums of inheritance monies held in IRA accounts. In fact, the impact could be financially devastating.

“ Three legal characteristics of inherited IRAs provide objec­tive evidence that they do not contain such funds. First, the holder of an inherited IRA may never invest additional money in the account. 26 U. S. C. §219(d)(4). Second, holders of inherited IRAs are required to withdraw money from the accounts, no matter how far they are from retirement. §§408(a)(6), 401(a)(9)(B). Finally, the holder of an inherited IRA may withdraw the entire balance of the account at any time—and use it for any purpose—without penalty. Pp. 4–6.”

 

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]