Posts By: Joel Treuhaft

Filing Bankruptcy

Filing Bankruptcy Prior to Filing Bankruptcy, you should advise your creditors when you have retained an attorney (once you have retained an attorney) to deal with your debt resolution situation. Under a different federal law (the Fair Debt Collections Practices Act), once you have notified a creditor that you have retained an attorney to deal… Read more »

Chapter 7 Bankruptcy Process Part 1

Chapter 7 Bankruptcy Process Part 1 The first thing that needs to be done in the chapter 7 bankruptcy process is the compilation and preparation of the information needed to file the bankruptcy petition. The petition is signed under the penalty of perjury, therefore it is important that the information that you provide is truthful… Read more »

What are you allowed to keep when filing bankruptcy?

What are you allowed to keep when filing bankruptcy? Real Property The catch is that you are only allowed to keep a limited amount of property. What are you allowed to keep when filing bankruptcy? In Florida, as of now, you are allowed to keep your homestead, regardless of its value, as long as you… Read more »

Debt Responsibility

Debt Responsibility A fourth category of debt responsibility which is not wiped out in a Chapter 7 or 11 bankruptcy is fraud in a fiduciary capacity, larceny or embezzlement. An example of this type of non-dis-chargeable activity would be an Escrow Agent, or one who holds property in trust, who then uses that property to… Read more »

Bankruptcy Notification

Bankruptcy Notification Another category of debt which bankruptcy law does not wipe out, is for people or institutions which do not have complete names and/or addresses, so as to be unable to give them notice of the pending bankruptcy or bankruptcy notification. If the creditor, real or disputed, does not receive notice of the bankruptcy,… Read more »

Bankruptcy Notification

Bankruptcy Notification Another category of debt which bankruptcy law does not wipe out is for people or institutions which do not have complete names and/or addresses so as to be unable to give them notice of the pending bankruptcy, or the bankruptcy notification. If the creditor, real or disputed, does not receive the bankruptcy notification,… Read more »

Exceptions of Debt

Exceptions of Debt There are several categories of debt which are individually accepted from discharge under certain circumstances. These exceptions constitute a basis for objecting to your bankruptcy, in part, or automatic exceptions of debt which you will continue to owe despite the fact that you have filed bankruptcy. These exceptions of debt are grouped… Read more »

Exceptions to Discharge

Exceptions to Discharge In our previous article, unsecured debt, we spoke of exceptions to discharge, i.e. an exception to the debt being able to be completely wiped out. In this article we will quickly go over this topic. The first requirements to obtain a discharge are disclosure and cooperation. Congress is willing to give an… Read more »

Unsecured Debt

Unsecured Debt In this article I will discuss the different types of unsecured debt. Unsecured debt is debt that does not have collateral attached to it. Collateral for example. could be a house or car, or any other type of physical property that can be repossessed if the payment agreement is not withheld. If you… Read more »

Priority and Secured Debt part 2

Priority and Secured Debt In this article I will continue the Priority and Secured Debt discussion as was started here: Priority and Secured Debt If a Response is filed, and the value of the collateral is not agreed upon, the Court will conduct a hearing. To return to the example of the desk, let us… Read more »