by Carol Lawson Esq | Jun 30, 2019 | Bankruptcy, Consumer Credit, Uncategorized
The Ninth Circuit – U.S. Court of Appeals held that a bank did not willfully violate the automatic stay by placing a temporary administrative pledge on the debtors’ accounts in favor of the bankruptcy trustee.
A copy of the opinion is available at: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/08/26/12-16087.pdf
Wells Fargo, however, recently got slammed by a Federal Judge in NY for their practice of freezing Chapter 7 Debtor accounts nationwide. Bankruptcy Court Judge Cecelia G. Morris. December 2014, awarded the Weidenbenners $25 in damages for a bounced-check charge, plus costs and lawyers fees. In her ruling, the judge blasted Wells Fargo, which was not a creditor in the case, for freezing the money and controlling access to it. Accusing the bank of “grandstanding” about bankruptcy-code compliance. In re Weidenbenner, 521 B.R. 74, 2014 WL 7139994 (Bankr. S.D. N.Y., 2014).
Wells claims that their nationwide policy is only to freeze accounts of debtors with $5000 or more– not true. If you are going to file Chapter 7– move your bank account from Wells Fargo before you file.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
by Carol Lawson Esq | Jun 16, 2019 | Bankruptcy, Consumer Credit
Are debt collectors constantly call your home and send you threatening letters in the mail, it might be time to consider bankruptcy. Clearwater Bankruptcy evaluates your financial situation to determine if bankruptcy is the best option for you. Your Clearwater Bankruptcy Attorney will explain the specifics of bankruptcy law, and help you understand how to rebuild your credit so you can get a fresh start. Don’t live in fear with the phone off the hook – get the information and answers you need. Debt Relief is what we do! Come in for a Free Consolation today!
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
by Carol Lawson Esq | Jun 13, 2019 | Bankruptcy, Consumer Credit
You can rebuild credit a consumer needs to re-enter the world of credit and add new, positive information to damaged credit reports.
If you reaffirmed a debt in your bankruptcy such as a car loan, you have already taken the first step.
One of the easiest and least expensive ways to add a new line of credit to a credit report is to be added to a loved one’s existing credit card account as an authorized user. They must have good credit and pay on time to help you.
You can apply for and open a secured credit card account. They are also very easy to open, even with a recent bankruptcy.
Credit builder loans are extended by credit unions. Like secured cards, it is typically easy to qualify for credit builder loans even for consumers with severely damaged credit reports and scores. The loans, which are often for small amounts, are reported to the credit bureaus as a positive account as long as payments are being made. They accomplish two things, which are to get something good on your credit reports and to build a small nest egg for emergencies. Check with your local credit union to see if they offer credit builder loans.
Apply for a retail store credit card. Retail store cards are typically issued with very low credit limits and very high-interest rates, which makes them a perfect lending product for consumers with poor credit scores.
Get a joint credit card or loan or with a co-signer. Your joint applicant must have good credit.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
by Carol Lawson Esq | Jun 9, 2019 | Bankruptcy
How long does a Chapter 13 plan last?
Typically, a Chapter 13 plan lasts from between 36 months to 60 months. The length of the plan depends on several factors: the amount of your average monthly gross income calculated over the six month period prior to the month of filing, the monthly amount of your disposable income, the amount and kind of debt that you have, and the value of your nonexempt property. If the historical average monthly gross income is over the state median you will be forced into a 60 month plan, unless you can pay 100% of your unsecured debt within a shorter period of time.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
by Carol Lawson Esq | Jun 6, 2019 | Bankruptcy, Consumer Credit
| Art. 10, §4(a)(1); F.S. §§222.01, 222.02, 222.05 |
Homestead-160 acres outside of a municipally or one-half acre within a municipality( the exempt portion of a Homestead may be limited to $155,675.00 of equity) |
| Art.10, §4 (a)(2) |
Personal Property – $1,000 per person |
| F.S. §222.25(4) |
Personal Property – up to $4,000 per person if not claiming or receiving benefits under Florida’s homestead exemption |
| F.S. §121.131 |
Retirement benefits – Public employees – 100% |
| F.S. §122.15 |
Retirement benefits – county officers and employees – 100% |
| F.S. §175.241 |
Retirement benefits – Firemen – 100% |
| F.S. §185.25 |
Retirement benefits – Police – 100% |
| F.S. §222.11(2)(a) |
Head of Family – Disposable earnings< or =$500/week-100% |
| F.S. §222.11(2)(b) |
Head of Family – Disposable earnings>$500/week-100% unless otherwise agreed to in writing |
| F.S. §222.11(2)(c) |
Non-Head of Family – Disposable earnings>$500/week-greater of 75% or 30 x federal minimum wage |
| F.S. §222.13 |
Life insurance proceeds-100% |
| F.S. §222.14 |
Life insurance – cash surrender value/annuity contracts-100% |
| F.S. §222.18 |
Disability benefits – 100% |
| F.S. §222.201 |
Property listed in subsection (d)(10) of section 522 of Bankruptcy Code |
| F.S. §222.21(1) |
Pension money of U.S. pensioner – 3 months if needed for support |
| F.S. §222.21(2) |
Retirement or profit-sharing benefits qualified under IRS 1986 – 100% |
| F.S. §222.22 |
Prepaid Education Expense Trust Fund – 100% |
| F.S. §222.25(1) |
Equity in one motor vehicle – $1,000 |
| F.S. §222.25(2) |
Health aids, professionally prescribed – 100% |
| F.S. §222.25(3) |
Interest in a refund or a credit received or to be received pursuant to § 32 of the IRS Code – 100% |
| F.S. §238.15 |
Retirement benefits – Teachers – 100% |
| F.S. §443.051(2) |
Unemployment Compensation Benefits – 100% except support |
| F.S. §497-413 |
Preneed Funeral Contract Consumer Protection Fund -100% |
| F.S. §620.68(2)(c) |
Partnership property, specific |
| F.S. §632.619 |
Fraternal Benefit Society Benefits 100% |
| F.S. §744.626 |
Veteran’s benefits – 100% |
| F.S. §769.05 |
Damages for Injury or death at work, hazardous occupations – 100% |
| F.S. §960.14 |
Crime victim’s compensation – 100% |
| F.S. §440.22 |
Workers’ Compensation |
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
by Carol Lawson Esq | Jun 3, 2019 | Bankruptcy, Florida Foreclosures, Loan Modification
In re Valone, — F.3d —-, 2015 WL 1918138 (11th Cir. 2015).
Chapter 13 bankruptcy debtors who do not claim the homestead exemption may instead choose the “wildcard” exemption” under Florida Statute section 222.25(4) even if they protect their home through the use of the Chapter 13 bankruptcy process.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
