When an individual dies, his or her estate goes through the probate process. During the probate process, the deceased individual's assets are distributed among his or her heirs or beneficiaries. In order to begin the probate process, all interested parties must file a petition with the appropriate court. Below is an...
Florida Estate Planning: The Basics
Estate planning is the process of arranging for the management and disposal of one’s estate during life and after death. Properly drafted estate plans account for both expected and unexpected life events, and they clearly address the way in which assets will be distributed in both life and death. Below is...
Choosing Chapter 13 over Chapter 7 Bankruptcy in Florida
No-Asset Bankruptcy in Florida
Chapter 7 bankruptcy usually involves the repayment of all or a portion of a debtor’s outstanding debts via the asset liquidation process. However, the law allows Chapter 7 filers to keep certain exempt property. Exempt property, as the name implies, is shielded from the bankruptcy process and may not be...
Bankruptcy and Your Credit Score: The Basics
A common concern among debtors is the potential impact that bankruptcy can have on one’s credit score. This is a valid concern. However, credit score impact is just one of many factors to consider when deciding whether to file for bankruptcy. For example, allowing one’s debts to go to collections can...
Filing Bankruptcy Without an Attorney
I Filed for Chapter 7 Bankruptcy in Florida: Can I Keep My Car?
Many people believe that Chapter 7 bankruptcy results in the liquidation of all of one’s assets. This is not always the case, however. Below is an overview of some of the options available to prevent...
Bankruptcy with a Mortgage in Florida
Homeowners often wonder whether a mortgage may be maintained upon filing for bankruptcy. The answer to this question depends on the type of bankruptcy that is declared. Below is an overview of the ways in which home mortgages are affected by Chapter 7 and Chapter 13 bankruptcy.
Chapter 13 BankruptcyChapter 13...
In Focus: Fraudulent Conveyance
If you are considering filing for bankruptcy, there are numerous rules governing how your property can be handled. In particular, it is crucial to understand the laws regarding fraudulent conveyance before transferring any property.
What is fraudulent conveyance?In a bankruptcy proceeding, a fraudulent conveyance involves transferring property out of the name of the debtor who...
Top 5 Reasons Why People Go Bankrupt
In the wake of the Great Recession in 2008, many Americans were pushed into bankruptcy. While the number of personal filings is now steadily declining, many individuals still struggle with managing their debts. In fact, the top five reasons people file for bankruptcy include:
Medical Expenses Job Loss Creditor Debt Divorce ...