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Studies have shown that arguments over money play a major role in why couples divorce. Financial stress can be overwhelming The stress of not being able to make ends meet can be overwhelming. Even happily married couples begin to feel the strain when a job is lost, medical bills accumulate or other financial troubles occur....
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Unfortunately, divorce and bankruptcy seem to go hand-in-hand. Finances are a leading contributor to divorce Financial stress is a leading contributor to many divorces. If you are facing this situation, you are likely wondering if you should file bankruptcy before you file for divorce or vice-versa. The answer depends on your unique situation. If you...
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Our nation is facing an overwhelming amount of student loan debt – estimated to be approximately $1 trillion – and it is having a serious impact on the economy. While several markets are being affected, the housing market is feeling it the most. Recent college graduates, formerly one of the largest sources of new home...
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Recent scheduled meetings of the Bankruptcy Rules Committee were cancelled, apparently due to lack of interest. There had been two meetings scheduled in January 2014, one in Chicago and one in Washington, D.C. According to federal law, meetings may be cancelled if there is a lack of public interest, the Standing Committee sees a need...
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Bankruptcy and Foreclosure Attorney in Melbourne, Florida
The Middle District of Florida recently ruled that the automatic stay is a blanket protection that applies to multiple creditor claims, even if there is not a perfect symmetry of parties. The creditor is also known as the lender and the debtor as the borrower. Facts In Peterson et al v. Avantair et al, Avaintair...
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Whistleblower Suit Against Mortgage Lender
Distressed homeowners in the Northern District of Florida now have an additional option to try and keep their home. The court’s Mortgage Modification Mediation service allows homeowners, and lenders, access to experienced Chapter 13 mediators at a reduced cost. Although the parties are not required to reach an agreement, courts are generally much more inclined...
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Litigation Attorney Melbourne, Florida
In a boon for debtors, a federal court recently interpreted Section 523(a)(6) very narrowly. Facts In Communitywide Federal Credit Union v. Laughlin, Mr. Laughlin purchased a new car, with an $18,000 loan from CFCU. Ms. Laughlin was awarded the car in their divorce. A short time thereafter, Ms. Laughlin returned the car to Mr. Laughlin,...
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Bankruptcy Attorney serving Melbourne, FL
New Jersey recently passed Florida as the state with the highest number of home mortgages at-risk for foreclosure. Although there are more mortgages in the Sunshine State that are delinquent overall, 11.7 percent of these loans are “seriously delinquent,” compared to 11.8 percent in New Jersey. New York is third with 9.1 percent. All three...
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Debt Relief Services in Brevard County
The means test is essentially just another form to file on an already-long list, and has very little, if any, impact on your decision to file Chapter 7 Bankruptcy. The 2005 Bankruptcy reforms While most “reform” legislation is usually a proposed solution to an existing problem, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA,...
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Debt Relief Attorney serving Brevard County
The credit counseling requirement was one of the more talked-about Chapter 7 reforms in the last round of legislative updates. Now, almost a decade later, what does this prerequisite mean in practical terms? Does the average consumer filer even notice this requirement? Credit counseling background The main reason that legislators took up bankruptcy reform in...
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