Debtor-creditor
-
Chapter 7 Bankruptcy Means Test Median Family Income Levels By State, as of April 1, 2024
As of April 1, 2024, the median family income levels for Florida have INCREASED An increase in the median income level generally benefits individuals who are in need of debt relief, as it typically makes it easier to qualify for chapter 7 liquidation bankruptcy. For example, for a household of 1 earner in Florida, the…
-
A Family’s Florida Homestead Saved, Just in Time for the Holidays
The legal practice area of real estate law touches on so many unique aspects. Because of this, and as a Florida Bar board certified real estate attorney, that means that I handle a number of diverse cases, all with unique challenges. However, few matters have been as emotionally charged, but ultimately rewarding, as the one…
-
Battaglia Law secures six-figure settlement payment to its client in response to a demand letter
Lakewood Ranch real estate lawyer Joseph Battaglia recently represented a corporate client which had purchased some machinery at an online auction. Unfortunately, upon taking delivery of the machinery it had purchased, the client very quickly realized that the property had not been described accurately. This resulted in the machinery not meeting the specific needs of…
-
Free Credit Reports Available Weekly Through April 2021 Due to Coronavirus
In response to COVID-19, and effective now through April, 2021, consumers are eligible to pull free credit reports weekly, rather than the normal limit of once per year. This will assist consumers in being able to more regularly monitor their credit to identify and discover possible affects on credit from things such as irregular payment…
-
You Didn’t Get Served – Mattress One v. Sunshop Properties
I’m sure you all remember the 2004 smash hit and box office success, You Got Served. The film’s depth of plot is rivaled only by its extravagant choreography and magnificent soundtrack. Aside from its Oscar-worthy qualities, this film will stand, for eternity, as a cautionary tale of why one should never work for a drug…
-
I surrender. Take my house. Actually, on second thought…
The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors’ rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor’s surrender of collateral real property has on the debtor’s ability to defend a foreclosure. A Final Summary…
-
Conflict Alert: Prevailing consumer in account stated action may not be able to recover attorney’s fees and costs from a losing debt buyer
Does conflict make the world go ’round? No, according to The Stylistics (save a click: according to The Stylistics, people do). But conflict sure keeps things interesting, and it undoubtedly also keeps attorneys and their clients on their toes. In a recent decision,[note]Ham v. Portfolio Recovery Assocs., LLC, 2018 WL 6253294, ___ So. 3d ___…
-
Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale[note]This was the second foreclosure…
-
Debt-buyer can be liable to prevailing consumer for attorney’s fees on account stated lawsuit filed over defaulted credit card
In a 2018 case, Florida’s Second District Court of Appeals has held that a consumer who successfully defended a lawsuit filed over a defaulted Amazon.com credit card debt may recover her attorney’s fees from the creditor who did the suing. After retaining an attorney and opposing the debt buyer’s allegations, the debt buyer chose to…