creditor
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Chapter 7 Bankruptcy Means Test Median Family Income Levels By State, as of May 15, 2025
Below you will find the median family income levels utilized by the United States Trustee Program for means testing individuals who have filed for bankruptcy relief. Median income information is used in the means test utilized by bankruptcy courts when determining whether or not individuals qualify for relief under chapter 7 of the Bankruptcy Code.…
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Band-Aid, Not a Cure: Medical Debt Banned from Credit Reports
Easing the Burden of a Broken Medical System Millions of Americans burdened by medical debt are about to receive significant financial relief. A new federal rule finalized by the Consumer Financial Protection Bureau (CFPB) will remove and prevent all medical debt from appearing on credit reports, significantly improving credit scores and boosting access to loans…
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Lawyers, Don’t Fear the Reaper
A.I. may be new and scary, but the legal profession should embrace it, not bogeyman it. One of the benefits of being a licensed Florida attorney is that, every month, without fail, I receive a nice, crisp copy of The Florida Bar News. This month was like no other as I recently received the September…
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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…
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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…
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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…
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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 ___…
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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 was set to occur,…
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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…
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A creditor by any other name: Avant Capital, LLC v. Gomez
“A rose lender by any other a slightly different name would smell as sweet still be able to foreclose.” Shakespeare 4th DCA (more or less) Florida’s 4th District Court of Appeals has held that the omission of the word “corporation” from a corporation’s name as it appears on various mortgage loan documents, did not render…