Bankruptcy Archives - The Orlando Law Group

Should You Consider a Home Equity Investment in Florida?

A new kind of financing tool is growing in popularity, allowing homeowners to tap into the equity of their home without monthly payments or interest rates.

Instead, the home equity investment or home equity contract provides a homeowner with a payout that is paid back in 10 or 30 years, or if the home is sold.

There are no payments before then. You aren’t charged interest. Instead, you are required to pay an amount dependent on the appreciation or depreciation of the value of your house.

In a previous article, we discussed why homeowners should look at these with caution, as they could negatively impact retirement or more than they are due.

However, these new tools could be helpful for some people, particularly to prevent a foreclosure or the need for bankruptcy protection by providing cash to help reduce debts and get a homeowner back on their feet.

The attorneys at The Orlando Law Group can help look at all options of a home equity investment and help advise you on your short-term and long-term obligations, along with how it fits with your current estate planning.

What is a home equity contract?

To recap the previous article, the nuts and bolts of a home equity investment are relatively simple.

Let’s say the current value of a home is now $500,000, and the homeowner decides to tap into the equity of the home.

There are a few companies, backed by venture capital, that offer to pay the homeowner a percentage of the home’s current value, say 10 percent. On the $500,000 home, they would give the homeowner $50,000 for that new pool.

When the homeowner goes to sell their home, or when the term of the investment ends, the homeowner must pay back 20 percent of the value of the home at that time. What that number may be is not known until it is time to pay back the money.

The basis for the payback is entirely dependent on what the real estate market does in that specific location. If the value of your home increases, your payment increases. If the value of your home goes down, your payment will decrease.

In Florida, it is very rare to see home values decrease for an extended period. The average home value in the Orlando area in 2020 was just $269,000, and today, it is nearly $400,000.

Just an average three percent increase over 30 years could result in a payment of more than $350,000 in exchange for $50,000.

Compare that to a home equity line of credit at today’s interest rates. While a homeowner could have a $411 monthly payment on $50,000, the total paid over 30 years would only amount to around $150,000.

A home equity investment payback can require a substantial amount of money. At the end of the contract, you may be forced to sell your home if you do not have the amount needed to pay back the agreement.

Are there places where a home equity investment makes sense?

As with most investments, there are always risks and rewards. It really depends on what your goals are.

For instance, if you were thinking about financing a large home improvement, a home equity contract could be an option to avoid paying interest, but it will take a significant amount of discipline to make sure you are not at risk.

In that case, you could take the money and pay yourself a monthly payment to eventually repay the money. Of course, we would recommend saving the money first, but if you build the amount quickly, you could spend less than other financing options.

Again, in that circumstance, you are dependent on home values. If real estate really booms, you could be in trouble, but if it busts, it could mean you pay back less!

Bankruptcy and foreclosure defense as an option

One of the advantages of a home equity investment is that there is no credit check. If there is equity in the home, the homeowner will most likely be eligible for this program.

This means there may be cash available for a homeowner to restart monthly payments to the mortgage lender and possibly pay back any missed payments. This could allow a homeowner to show good faith to the mortgage holder to refinance or rework the loan.

Likewise, the home equity contract could be a way to pay off debt that could be pushing a homeowner to seek bankruptcy protection. Without a lot of debt facing the homeowner, bankruptcy protection may not be needed.

We still caution about using these instruments as a way to clear debt. The goal for using these should be to get back on your feet financially, and when the time is right, to sell the house to clear the debt.

A homeowner does not want to use it and then get back into the same predicament of overspending and then being forced to sell the house when retirement comes.

That is why anyone thinking about entering a home equity contract needs to work with their estate planning team to determine all the implications for their future.

The attorneys at The Orlando Law Group have helped clients throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida with their estate plans and can work with a team of advisors to ensure future finances are in place.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

May 22, 2025/by Alan Byrd

The Risks and Rewards of Home Equity Investments

Bankruptcy, Consumer Law, Estate Planning, Real Estate, Wills, Trusts & Estates

Imagine being able to tap into the equity of your home without any payments or interest.

It sounds too good to be true, right?

In today’s financial marketplace, there are options for just about everything, and a growing new form of financing called home equity investments or home equity contracts does just that.

With these contracts, a company provides the homeowner a payout that is paid back in 10 or 30 years or if the home is sold. There are no payments before then. You aren’t charged interest. Instead, you are required to pay an amount dependent on the appreciation or depreciation of the value of your house.

Much like anything in the financial realm, there are pluses and minuses to HEIs, but as estate planners, we’re reluctant to see our clients commit significant sums of money that will need to be paid right when retirement starts or years after.

How Does This Work?

The nuts and bolts of a home equity investment are relatively simple.

Let’s say the current value of a home is now $500,000, and the homeowner decides to tap into the equity of the home to pay for a new pool. After all, like Clark Griswald found out in Christmas Vacation, the days of a company bonus paying for a pool are over.

Refinancing the home can be troublesome, especially if the homeowner’s credit is not stellar. Interest rates are high, and the homeowner really can’t afford an increase in their mortgage. Likewise, a home equity line of credit includes a new monthly payment, and interest rates are even higher, putting those outside the limits of the homeowner.

Paying with the credit from the pool company? Hopefully, you noticed the extremely high interest rates before signing up.

So, a home equity investment might work for that homeowner.

There are a few companies – backed by venture capital – that offer these types of payments. Those companies pay the homeowner a percentage of your current value, say 10 percent of your home. On the $500,000 home, they would give the homeowner $50,000 for that new pool.

When the homeowner goes to sell their home, or when the term of the investment ends, the homeowner must pay back 20 percent of the value of the home at that time.

Keep in mind, it is virtually impossible to know what that number may be until it’s due!

What could the payouts be for a home equity contract?

However, in Florida, it is very rare to see home values decrease for an extended period of time. In fact, the average home value in the Orlando area in 2020 was just $269,000, and today, it is nearly $400,000.

Over a 10-year period, if home values increase by 10 percent a year, the homeowner could be required to pay back more than $300,000 with a 10-year term.

With a 30-year term, you could be facing a payment of over $3 million.

Of course, the odds of an annual 10 percent increase are not likely. But just an average 3 percent increase over 30 years could result in a payment of more than $350,000 in exchange for $50,000.

A home equity investment can be a substantial amount, so it’s important to be wary when signing up for a home equity investment.

Are these tools legitimate?

Yes, these tools are legitimate, however, they were facing increased scrutiny from the Consumer Financial Protection Bureau under President Biden.

At issue was whether they should be treated like a consumer financing option, similar to a mortgage or a car loan, or should they be treated like a financial investment, like securities or stocks.

Remember, when a homeowner signs a mortgage, it seems the paperwork is endless, including forms about discrimination, truth in lending and much more.

Currently, none of that applies to home equity investments.

We’re watching a few cases that might help provide guidance on these types of tools.

The government under the prior administration had provided an argument to one case that home equity contracts were a form of financing and should be treated as such.

You can read about that on an archived page found here.

Since taking office, the Trump Administration has taken down all warnings about these financial instruments from the CFPB’s website and has had its briefs in cases dealing with these instruments removed as well.

What happens if a homeowner can’t pay

For many people, this won’t be an issue. It is very rare for a home to depreciate, and often, people downsize when they retire. When those people sell their homes, the payment is included in the sale price.

If that $500,000 home increases in value 10 percent every year, at the end of 30 years, the home’s value will be over $6 million. Selling the home will easily cover the payout and still leave the homeowner with millions of dollars.

If that homeowner plans on staying in the home, that means a $3 million payment would have to come from somewhere else, which could be very difficult for many people.

At that point, if the homeowner could not pay, they would be forced to sell the home or have a foreclosure filed against them.

Neither of those options is great for an individual starting retirement.

That is why anyone thinking about entering into a home equity investment needs to work with their estate planning team to determine all the implications for their future.

The attorneys at The Orlando Law Group have helped clients throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida with their estate plans and can work with a team of advisors to ensure future finances are in place.

April 10, 2025/by Alan Byrd

Budget Busted from the Holidays? Let’s Work to Clear Those Debts

Bankruptcy, Blog, Personal

Even before the holidays, credit card defaults were rising significantly. A June 2024 report showed that the year was on track to have the highest default rate in more than 12 years.

That takes you back to the Great Recession.

Economist Sean Snaith discussed this issue at the Seminole County Chamber’s Good Morning Seminole, specifically mentioning how inflation has risen, but wages have not followed suit.

Unfortunately, most people try to maintain their lifestyle by using credit cards without cutting expenses. While this may be a short-term fix, it is unsustainable in the long term, especially as prices continue to rise.

For many people, the holidays pushed their finances over the edge. After all, American consumers spent nearly $1 trillion in November and December, up nearly four percent from the year before.

If you are someone seeking financial relief, the attorneys at The Orlando Law Group can work with you and your debtors to help put you on the right path.

Filing for bankruptcy protection is an option

One thing to be clear: There is no shame in filing for bankruptcy protections. After all, President Donald Trump has repeatedly utilized the bankruptcy code throughout his career.

While he has not filed for personal bankruptcies, his businesses have filed for protection under the bankruptcy code six times over his career. In each circumstance, Trump was able to reduce his debts and move on to build his businesses stronger.

The important aspect of this is not about Trump’s business acumen, it is about how there shouldn’t be a stigma about filing for bankruptcy protection. Too often, things happen outside of our control, or we make a series of bad choices like most people do.

The entire purpose of the country’s bankruptcy code is to help businesses and individuals restart their lives when these things happen. There were more than a half million filings for bankruptcy protection in 2024.

If you’re at the point where you simply cannot pay your bills, it is OK to look at bankruptcy protection as a way to start over.

Here are five reasons you should look at filing for bankruptcy according to Debt.org.

Creditors are suing for debt payment.
Your home is in danger of foreclosure.
The only way to pay for necessities is with a credit card.
You’re using one credit card to pay another.
You consider borrowing from a 401(k) account to pay bills.

If any of those items are happening to you, please reach out to The Orlando Law Group immediately!

Will I have to return my kids’ Christmas gifts?

Unfortunately, the answer is a definitive maybe, and in some cases, it might be determined by what you bought and what type of bankruptcy protection you seek.

If you file in the first quarter of 2025, your holiday spending will certainly be reviewed.

It is simply not a good look to purchase 75-inch flat screens for every room of your house and file for bankruptcy a week later. Similarly, if you took a trip to Europe to celebrate Christmas in Paris, it looks like you were extravagantly spending this holiday season.

And many people bought new cars recently. That’s a definite red flag, particularly if it is a high-end car.

The courts may not take too kindly to that type of spending.

However, if you spent roughly the same amount on the holidays as the year prior and then lost your job or some other hardship happened, then you may get a bit of grace from the trustee. You still may need to liquidate a lot of assets, but the scooter you bought your kid might be spared.

Chapter 13 can help protect assets

If you are concerned about having to sell assets, you should look at Chapter 13. This part of the bankruptcy code is for individuals, and those who are self-employed, and have assets valued at less than $2.7 million.

In this chapter, there is no liquidation of assets. Instead, a repayment plan is developed that helps you repay many of the debts over a three- or five-year period. During that time frame, you cannot take on new debt, but you can keep your house, your car and the bike.

That plan must be agreed to by your creditors too. They will be allowed to question you with the courts’ oversight. However, they will not be allowed to chase after the debt through collections. If you are in the middle of a foreclosure, that will stop throughout the repayment plan.

As long as you stay on the plan, which is critical. A failure to make a payment can end the protections outlined in the Chapter 13 bankruptcy code.

Even worse, the trustee may convert your bankruptcy filing to seek protection from Chapter 7 of the bankruptcy code.

Chapter 7 is a fresh start without future payments

If you are looking to start over with a mostly debt-free start, Chapter 7 may be the choice you would like to make. However, understand that most of your assets will be sold with the proceeds being used to pay back debts.

There are some exemptions to the liquidations in federal court, like the ability to keep $1,875 for jewelry. For the most part, you may have to sell any of the following according to Bankrate.com:

Artwork
Collections
Houses
Investment Properties
Jewelry
Land
Savings and investment accounts
Vehicles
Other miscellaneous items of value

Bankrate.com provides a good look into how your assets are affected by liquidation in Chapter 7 filings. While you may need to sell your prized possessions, you won’t have much debt after the case is discharged.

Of course, there are many other ways to help manage your finances and get out of debt. You could take a consolidation loan or ask your credit card companies for a payment plan with a reduction in the principal. You can also look to sell some of your assets on your own to help pay for your debts.

Either way, the process of recovery after driving up your debts can be long and difficult. But it’s nothing to be ashamed of as it happens to so many people all the time.

The attorneys at The Orlando Law Group can help individuals and businesses in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida determine the best option for restructuring debts.

January 12, 2025/by Alan Byrd

Changes to the Paycheck Protection Program

Worried About EIDL Loan Payments? Let Us Help

Bankruptcy

Now that we are a couple of years past the closings and widespread quarantines of the COVID-19 pandemic, businesses across the country are starring down high loan payments to the federal government.

The Small Business Administration loans helped keep many businesses alive when their revenues disappeared overnight. Today, they have become albatrosses to many organizations.

Some of the loans, particularly the Paycheck Protection Program loans, were forgiven. But if you are tasked with paying back hundreds of thousands of dollars – sometimes millions of dollars – from the COVID loan programs, is there any relief coming?

It is too soon to tell, but the attorneys at The Orlando Law Group can look at your unique situation and determine what might be options for you, including declaring bankruptcy.

What loans have not been forgiven?

Many businesses with employees took PPP loans to cover employee expenses. In most cases, if those loans were used as they should and were used for payroll, the PPP loans have already been forgiven.

The other primary loans were Economic Injury Disaster Loans. These loans are a very standard tool used by the Small Business Administration over the years to help businesses recover from disasters.

In Florida, these loans are probably best known for helping businesses recover from hurricanes and floods. In those cases, the EIDL loans are very targeted and only available to the hardest-hit areas.

But during the COVID-19 pandemic, it was understood the economic damage caused by the pandemic was widespread and significant. Nearly any qualifying business was eligible throughout the United States.

By the time the program ended in 2022, more than four million EIDL loans were issued for a total of $387 billion. As of today, these loans are not forgiven and must be paid back over the next 30 years.

Help is not on its way right now.

During the fall, it looked like relief was coming for businesses when the Small Business Administration announced it would not be taking significant collection actions against small borrowers, those businesses with a loan less than $100,000.

Under that plan, the SBA would still reach out through phone calls and letters but would not expend the significant resources it estimated to collect on the smaller loans.

But right after Christmas, the Biden Administration announced it was reversing its decision because an inspector general and Congressional leaders said it would be against the law if it didn’t fully pursue collections.

As of today, if you default on your EIDL loan, it will be eventually referred to the Treasury Department, which can garnish income, file liens against the business and sue to collect any personal guarantees or other promised collateral.

It’s important not to get to that point and that’s where The Orlando Law Group can help you.

What Can I Do Today?

The best thing you can do is obviously try to continue making loan payments to the Small Business Administration, but we certainly understand if these loans have put you into a significant bind.

For now, an EIDL loan should be treated like just about any other debt.

For instance, we can work with you to provide an offer in compromise to the federal government to reduce your burden. Remember, however, the federal government will closely review your ability to pay the loan and may not approve an offer.

If not, it may be time to look at filing for bankruptcy protection. In many cases, but not all, EIDL loans can be discharged in bankruptcy proceedings, along with other debt, giving you a fresh start in 2024.

If you think either step might be a possibility for you, it’s important to start collecting any information about how the loan proceeds were spent.

With the amount of fraud that has happened with EIDL loans, the government is very particular in ensuring the proceeds were used for business and allowed expenses, like federal tax repayments.

The last thing you want to happen is to seek relief only to be charged with a criminal indictment because you accidentally spent the funds incorrectly!

How can we help?

Any time you may be seeking relief for debt through bankruptcy protection, it’s important to ensure you have legal counsel to help you throughout the process.

Plus, debt collectors and the federal government react differently to conversations with attorneys. They know attorneys understand the laws that protect businesses and individuals seeking relief and won’t try to trick an attorney like they often try to do with individuals.

The attorneys at The Orlando Law Group can work with you and your accountants to collect all the information we will need to best guide you and negotiate on your behalf.

With that information, we’ll work to find the best solution for your individual situation. Often, debt consolidation can be an answer or negotiating payoffs that are smaller than the debt could work.

If bankruptcy is an option, we’ll determine which bankruptcy type best fits your situation and will be with you every step along the way.

Just remember, if you are in serious debt, especially with an EIDL loan, there is a light at the end of the tunnel. We can help you get to a place where you can thrive and reset.

The attorneys at The Orlando Law Group can help businesses with EIDL loan issues and bankruptcy in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

January 31, 2024/by Alan Byrd

Relief May be Coming for Your Student Loans

Bankruptcy, Consumer Law

For the past couple of years, student loans have been in the political hot seat.

The Biden Administration and many consumer rights advocates have long said student loans were a significant burden for individuals looking to move up the economic ladder.

But for many people, providing relief for student loans was a giveaway to people who signed contracts and had obligations to repay the loan.

But, unlike just about any other debt, there was no ability to discharge most student loans through the process of bankruptcy protection. You could get a fresh start with your credit card and car loans, but not your student loans.

As we turn to 2024, this issue has not been solved, but many different items on the horizon might affect your student loans. Forbes did a great job in addressing these issues here, but it’s still important to reach out to The Orlando Law Group if you need help.

Our attorneys at The Orlando Law Group can look at your unique situation and determine what might be options for you to bring relief to your student loan debt and other debt issues.

How do Student Loans Work?

There is no doubt that student loans are complicated. Some depend on your financial situation when you took the loan. Some are backed by the federal government; some are done through private means.

There are four basic loans to consider:

Direct subsidized loans
Direct unsubsidized loans
Direct PLUS loans
Direct consolidation loans

U.S. News and World Report has an excellent article about each of these types of loans if you want a basic understanding of the loans. And if you are a student or parent, please look at the U.S. Department of Education’s website about student aid.

Both of these resources can help guide you if you think this is the best way to finance your or your child’s education.

But if you are looking for relief, all the various programs that are available to you can be quite a maze and the best way to navigate to find your best solution is with the help of an attorney.

First some good news!

One of the best ways to find relief is through a wide range of federal programs designed to help debtors. The Biden Administration is constantly releasing new programs, and more are expected in 2024.

Late last year, it was announced that a key deadline for consolidating loans under the direct loan program offered by the U.S. Department of Education was extended to the end of April.

If you have multiple student debt loans, it is vital you investigate this program as soon as possible to work to try and get some relief.

Another program to help the medically disabled was announced in December, giving more than a half-million borrowers with a medical disability the ability to discharge their loans. The government has dedicated $12 billion to help make this happen.

And if you think you were defrauded by a loan company or your school, you may be eligible for the Borrower Defense to Repayment and Closed School Discharge program, which was allocated $22 billion to help offset loans.

Are there other resources coming?

Over the next 12 months, there will be other programs announced, but many of them can be very complicated. For instance, because of issues with processing 40 million student loans, the government has taken action to protect borrowers using four government-contracted processors.

The companies have had significant issues with accepting payments, sending invoices, and helping people who call their customer service centers.

This issue and subsequent forbearance were announced in late November and could affect up to 3.5 million borrowers.

The Orlando Law Group is closely watching what has been dubbed “Biden’s Plan B” for student loans. The White House announced this over the summer and the rule-making process ended late last year.

However, the final plan may not start until late in 2024 – and maybe into 2025.

What to do now?

As with any debt, it is important to start preparing as soon as you think you might be heading into trouble with your financial situation and need a reset.

While student loans are still not widely covered by bankruptcy protection laws, they should be considered part of your overall debt and should be part of any plan to take back control.

One of the first steps to getting relief will be to have one of our debt attorneys review your unique situation. After all, every person’s situation is unique and while your friend might qualify for a great program, you may not.

We are here to help you. Millions of Americans go through debt relief programs every year and come out stronger after their restart.

The attorneys at The Orlando Law Group can help businesses and individuals with student loan and debt issues and possible bankruptcy protection in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

January 24, 2024/by Alan Byrd

Student Loan Forgiveness

All posts, Bankruptcy, Blog, Community, Legal Commentary, Miscellaneous, News, Personal

One of the biggest obstacles to getting back on your feet financially are student loans. They usually have a very high interest rate and are very difficult to find relief through traditional methods, like bankruptcy.

Thankfully, there is relief on the way from the federal government. And, the attorneys from The Orlando Law Group are here to help you navigate.

First and foremost, do not fall for any scams or people calling asking for your forgiveness applications or from people and organizations that sound too good to be true. Just like so many other things, if it’s too good to be true, it probably is. If you have any questions about your student loans or people who approach you, please feel free to call.

While there are people trying to take advantage of you, student loan relief is absolutely real and you are probably eligible for some relief.

FIND OUT ABOUT YOUR STUDENT LOANS

The first thing you must do is find out what type of student loans you have. Not all student loans are the same and not all loans are eligible for relief.

To find out what type of loans you have, visit StudentAid.gov and update your information. You want to make sure you have a loan that is serviced by the United States Department of Education. Only those loans are eligible for relief currently.

Unfortunately, if you have a loan through the Federal Family Education Loan Program, you will not be eligible for the 10k or 20k relief, per a recent news release. These were loans taken out before 2010. These loans were made to students by nonprofits, banks, and other private lenders and guaranteed by the federal government. Some of the FFELP loans were converted to direct loans during the Great Recession, but not all of them. In fact, more than 11 million loans are the FFELP loans.

By submitting your information on the StudentAid.gov site, you will quickly know how you should proceed.

ACT QUICKLY FOR THE PSLF PROGRAM

If you are employed by a government or not-for-profit organization, you could possibly be eligible for the Public Service Loan Forgiveness program that can truly help your situation.

According to StudentAid.gov, you are eligible for relief under this act if:

work full-time for that agency or organization.
have Direct Loans (or consolidate other federal student loans into a Direct Loan).
repay your loans under an income-driven repayment plan*; and
make 120 qualifying payments.

If you think you qualify, sign up soon.

Plus, there is a program that you can utilize for relief – but the deadline is October 31, 2022. This program will provide credits for any payments you made during the pandemic. For more information, please review this site, but understand you must have been employed for a government entity or for a 501(c)(3) during that time period.

To be clear, serving in the military does qualify as having a government entity – so active military with student loans should review this as soon as possible.

UP TO $20,000 IN RELIEF FOR YOU

In August, the White House officially made a one-time student loan relief payment into law. The summary from the federal government is:

The U.S. Department of Education (ED) will provide up to $20,000 in debt relief to Federal Pell Grant recipients and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers with loans held by ED are eligible for this relief if their individual income is less than $125,000 (or $250,000 for households).

Applications for the program are now open. Go to studentaid.gov, log in and go to student loan forgiveness to complete a simple application. People who think they are eligible will need to apply by December 1 for this debt relief.

This link has a tremendous Q&A for your reference, but here are a couple of questions that maybe of interest to you.

What kind of loans are eligible? The relief act specifically listed the following:
- William D. Ford Federal Direct Loan (Direct Loan) Program loans
- Federal Family Education Loan (FFEL) Program loans held by ED or in default at a guaranty agency
- Federal Perkins Loan Program loans held by ED
- Defaulted loans (includes ED-held or commercially serviced Subsidized Stafford, Unsubsidized Stafford, parent PLUS, and graduate PLUS; and Perkins loans held by ED)
What if my spouse and I consolidated our loans? One of the best parts of the legislation was that you can separate out the two loans for relief meaning if both you and your spouse received Pell Grants along with student loans, you could be eligible for up to $40,000 in relief.
What steps do I need to take now? Again, go to StudentAid.gov and make sure they have all your information. Plus, follow up with your servicer to make sure they have your current contact information.
What if I haven’t made a payment in a while? Defaulted loans are eligible to receive the relief. Additionally, there has been discussion of a Fresh Start program for loans that are default. Watch for information on this around July 2023. You can also look for a new income repayment plan that will start around July 2023.

Like with everything the government does, it’s not always easy to obtain the relief that is offered. There will be lots of questions and often it will not be easy to get someone on the phone to ask your questions.

Of course, our attorneys are available to help you with this and other issues facing your finances. It’s important that you start the process as soon as possible to get them back in order and get you on track to success.

The attorneys at The Orlando Law Group represent clients with financial difficulties in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you would like to schedule a consultation for student loans, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.

October 18, 2022/by The Orlando Law Group

The Ins and Outs of the Association Collections Process

All posts, Bankruptcy, Blog, Home Owners Associations (HOA), Real Estate

Most Associations have the legal right to place a lien on a home or unit to secure the payment of past due assessments. To determine if your Association has this right, you will look to your Association’s Declaration of Covenants, Conditions and Restrictions. In the Declaration, there will be a section that details what happens if an owner is delinquent in the payment of assessment to the Association and it typically grants the Association the right to secure that debt by recording a lien against the owner’s property. You also have the right to foreclosure on that lien similar to the way a bank forecloses on a mortgage. But what does this really mean? It means that an Association does not have to sit and wait for the sale of the property for the Association to get paid, as the Association can force a sale on the property. Remember, in a foreclosure action, the primary goal of the Association is not to take title to a property but to force a sale on that property so that the Association can retrieve the money owed to the Association.

How does the Foreclosure Process Work?

First, the Association must send the required statutory letters to the delinquent homeowner and have a lien recorded against the property.
Then, a lawsuit is filed and served which results in a court judgment. If the judgment is not paid, the court orders a sale of the property at a judicial sale.
Anyone may bid at a judicial sale. The money paid at the sale is applied by the Court to pay the outstanding judgment. The Association may also bid at the sale. For bidding purposes, the Association is allowed to use an amount of the court judgment like cash at the sale to bid on the property if it chooses.
In a foreclosure action, all inferior lien interests are extinguished and the winning bidder at the judicial sale takes title free of all inferior interests.
A Condo or HOA lien is a second lien position to a first mortgage. If the property is being foreclosed, the bidder at that sale takes the home or unit free and clear of all inferior liens, however, the property is still subject to the superior first mortgage. Therefore, a bidder will take into account the remaining mortgage on the property and bid accordingly.
An Association is not required to bid in its foreclosure action and therefore is not required to take ownership of the property.

What if there is a Tenant in the property?

If a homeowner is delinquent in the payment of his/her obligations to the Association, Florida Statute allows an Association to recover these funds from any tenants occupying the property.
The statute allows an Association to collect the entire rent check from a tenant of a delinquent homeowner without having to file the foreclosure lawsuit by sending a demand letter to the tenant informing him/her of the obligation (including amounts and when they are due) and directing the tenant to send the necessary amounts to the Association.
If the tenant (with a valid lease) fails to send the Association the rent checks, the Statute allows the Association to evict the tenant from the property.
The eviction process includes: a 3-day eviction notice posted on the property, a lawsuit filed against the tenant, and the tenant served with an eviction summons.
The tenant has five days to file an answer and deposit the amount in question with the court. If no answer is filed, the Association will file a motion and order a default judgment for eviction. A judgment for eviction will be entered and a Writ of Ejectment will be issued.
An Association should proceed with caution when considering evicting a tenant. Consider all factors involved. If the tenant is taking care of the property and is a good neighbor, it is most likely that the delinquent homeowner convinced the tenant that the delinquency had been taken care of. If the Association evicts the tenant, this could result in a vacant, non-maintained property. However, if the Association continues with a Court ordered receivership through the foreclosure against the homeowner, it will most likely collect rent and keep the property occupied.
In a receivership, the tenant must be served with the foreclosure complaint. Next, a motion is filed with the Court and a Judge signs a receivership order. This order is then served on the tenant instructing the tenant to make his/her rental payments to the receiver who will disburse the funds to the Association. If the tenant fails to comply with the receivership order the Judge will issue a warrant for the tenant’s arrest. Typically, receiverships are reserved for after a complaint has been filed in a foreclosure action against the homeowner.

Other Frequent Questions Regarding Association Collections

If the Association takes title to a property in a foreclosure, does the Association have to pay the mortgage or property taxes?

There are two common misconceptions that often keep Associations from proceeding forward on their right to foreclose on a property.

An Association is NOT obligated to pay the mortgage on the property. If the mortgage is not paid or other arrangements made with the lender, eventually the bank will take possession away from the Association. However, the lender cannot sue the Association for mortgage payments.
An Association is NOT required to pay the property taxes. If the taxes are not paid, after two years possession of the property may be taken from the Association through a tax deed sale. However, the County cannot sue the Association to collect or otherwise make the Association pay these taxes.

How is a Personal Judgment different from a lien foreclosure?

Unlike in a lien foreclosure action, in a personal judgment, the parties (Association and homeowner) are required to attend a mandatory mediation. If the homeowner attends, a settlement can sometimes be reached. If a settlement cannot be reached, or if the homeowner does not participate in the mediation, a hearing will be scheduled. A personal money judgment will be entered if the Association prevails at the hearing.

What is the process for a Personal Judgement?

The homeowner will be sent a 30-day Demand Letter requesting payment in full. This letter is to satisfy the requirements of the Federal Fair Debt Collection Practices Act. If at the conclusion of the demand letter period a response has not been received, or full payment has not been received, a one count complaint will be filed in county court that will be followed by the mediation process.

Why is it important to have a Personal Judgement recorded?

The main purpose of recording the judgment is to encumber the assets of the homeowner to prevent the homeowner from selling or refinancing any of the assets without first satisfying the judgment. At a minimum, this judgment would be recorded in the public records and become a lien on any non-homestead property located in the County that it is recorded.

What rights does the Association have in trying to collect on a Personal Judgement?

The Association has the right to proceed against the property of the homeowner through Writ of Execution, garnishment, or other judicial processes.

What steps does the Association need to take to recover on a Personal Judgement?

Some of the steps that need to be taken include: a Writ of Execution delivered to the sheriff or marshal, the sheriff or marshal levying upon assets of the homeowner, and the sheriff or marshal selling as much personal property and real property as has been levied upon in order to satisfy the judgment.

What are the different types of bankruptcy that a homeowner can file?

There are three types of bankruptcy: Chapters 11, 7, and 13. The two that usually affect Associations are Chapter 7 and 13. In Chapter 7, the debtor has little or no income; and their personal obligation towards most of their debt is discharged. Chapter 13, on the other hand, is a debt repayment plan. Please note that most often bankruptcy will only dismiss a homeowner’s personal obligation and does not affect the Association’s right to foreclose on its lien. But in recent years we have seen the Association lien being stripped in Chapter 7 cases.

What are pre-petition and post-petition assessments?

Everything that the homeowner owed up to the date the bankruptcy was filed is pre-petition and is included in the bankruptcy proceedings. Everything from that date forward is post-petition.

If you do not receive official notice of the bankruptcy from the court do all the rules still apply?

Once you have actual knowledge of the filing, all the rules apply. If the Association is not named, once the bankruptcy is completed the Association can pursue both a lien foreclosure and personal judgment against the homeowner for all delinquent assessments. However, the association should not pursue any collection action against the homeowner/tenant in property while the bankruptcy is pending.

How do you collect post-petition assessments?

A homeowner is supposed to automatically make their post-petition assessments. However, very often this does not happen. In this case the Association has two options: wait until the stay is lifted (bankruptcy is completed) and then go after the homeowner, OR apply for relief from stay from the court and then go after the homeowner, while the bankruptcy is in progress.

These are general guidelines and do not apply to all situations equally. Each Association and each situation may add its unique challenges that the Board must take into account when making decisions. However, this basic information along with any Association’s Governing documents as well as the assistance of an experienced Association Law Attorney should be sufficient for an Association to adopt an appropriate collection policy suitable for their community that will be fair and equitable to all its residents.

For any and all questions relating to the collections process; or to the legal rights, obligations and operations of a Homeowners or Condominium Owners Association, please contact our office at 407-512-4394 to schedule a consultation with an Association Law Attorney.

July 25, 2022/by The Orlando Law Group

Are credit reporting agencies still reporting medical debts?

All posts, Bankruptcy, Blog

You may have heard that credit reports are no longer reporting medical debts. After reviewing the report put out by Transunion, it appears this isn’t exactly correct.

Like many Americans coming out of the Covid pandemic, you may be faced with large medical debt. You may be hopeful reading that credit reporting agencies won’t be reporting medical debt but the truth is, there is only minor changes to the reporting practices of medical debt.

“Effective July 1, 2022, paid medical collection debt will no longer be included on consumer credit reports.” That is debt that is paid, so great, it shouldn’t be there any how.

“The time period before unpaid medical collection debt would appear on a credit report will be increased from 6 months to one year.” Yes, this will give you more time but if you can’t afford to pay the debt it will still eventually report to your credit, hurting your credit rating.

“In 2023 medical debt under $500 will no longer be reported.” While this is nice, most medical debt under $500 can we worked out in minimal payments, it is the large medical debt that is the problem and will still be an issue for most consumers.

Medical debts hurt your credit report and these changes will only bring minimal relief for the millions of consumers struggling to get loan approvals. Bankruptcy can often be an option to provide real relief. Chapter 7 Bankruptcy can wipe out the medical debt that may be negatively affecting your credit score. Contact a Bankruptcy Lawyer at any of our offices, Altamonte Springs, Waterford Lakes, Winter Garden, Orlando, or St. Cloud for a consultation to see if, Chapter 7 Bankruptcy might be a good option for you.

June 22, 2022/by The Orlando Law Group

Why Waiting to File for Bankruptcy Could Cost You

All posts, Bankruptcy, Business Law

Bankruptcy is a bad word, but it doesn’t have to be, and it shouldn’t scare us. We at The Orlando Law Group believe in breaking the bad connotations these words grow into by giving you an informed outlook, as well as the information that no one talks about. Sophia Dean has a vast wealth of experience when it comes to bankruptcy, and we wanted to ask her some of the questions we commonly receive regarding the matter.

Why do you think that people wait to file bankruptcy?

There’s a couple of reasons that might be causing someone to wait. I think people tend to avoid their problems. It is a lot of paperwork so some people might be dreading that aspect of filing. Usually, I imagine it is a multitude of things, such as having money coming in that the client does not want to lose. One example I can give is that of the stimulus checks. People keep putting off filing because they keep receiving their stimulus checks. It creates an environment where one might be thinking, “There will be a stimulus check or tax refund around the corner that I don’t want to forfeit.” Through bankruptcy, you can only protect certain amounts of money. This includes $1,000 personal property as well as your home, if you own it. If you do not own a home you get a wild card, which protects $4,000 of personal property. Waiting for any reason could potentially mean that you fall outside of the financial bracket needed to file bankruptcy, and that’s why you need to file at the time when you talk to the attorney, if the time is right.

What are some factors that quality for the time being right?

The first thing we will figure out is if you do qualify for bankruptcy. For example, let us say you have a job where you are making under the threshold, and you qualify for a Chapter 7 Bankruptcy. Step two is, you have debts you cannot pay. You may not be in default yet, but you are struggling to pay your debt, and you are living paycheck to paycheck. The main two factors are your income and your debt. Let us say suddenly you get a raise, and that affects your income. That could potentially put you out of the range for qualifying for bankruptcy. There is a very small window for you to file, and that is why it is so important to commit to the decision if both factors indicate so. When considering criteria, there is a window of six months where we will look back to see what has happened to your income. If you wait to file and something happens to affect that income, you could potentially be exempt from declaring bankruptcy and clearing your debt.

Then on the debt side, your case could go to a debt collector quickly. You can file bankruptcy, but they will still be garnishing your wages. For example, let us say you meet with us to file for bankruptcy, but for whichever reason you do not follow through and times goes by. One day, you could potentially wake up, and all your money could be withdrawn from your bank account because the courts had filed a judgement and garnished your bank account entirely. These are the repercussions of waiting to file for bankruptcy. What we try to help our clients understand is that, at some point, if you do not pay your debts it will result in bank account garnishment. We have no way of knowing when that time will be, but we cannot depend on it happening eventually. We need to act like it is going to happen right now because it could.

How Does Bankruptcy Protect Me?

A lot of people try to continue to pay their debts, and then they come back later and try to file. This does not help because, many times, they do not qualify at that point for bankruptcy, whereas they could have before. Bankruptcy acts as a forcefield, and it is not only a way to wipe clean your debt, but it’s also a way to protect your assets. Filing could be the singular act that stops you from losing money and possessions in the long run.

Why Researching Online Can Mislead You

We spoke to a client who had been doing their own research on google. They moved here from another state and were under the impression that they could not file bankruptcy in Florida for two years. That is wrong, but that is the answer they found on the internet. If you have just moved here, you must be here for 91 days to file in the state. The exemptions, which can all be sorted out with an attorney, is where that client was seeing information about waiting for two years. That has nothing to do with you being able to file for bankruptcy, and because of a misinterpretation of information, they did not qualify for a Chapter 7 because they got a raise in the interim. If they he called me two months earlier, they would have qualified. Therefore, acting immediately can be in your best interest, and why doing your own google research can be misleading.

When I File for Bankruptcy, Are All My Debts Wiped Clean?

Not all debts, but most of them. Exceptions include student loans as well as certain types of tax debt, and certain types of criminal debt. Credit card debt, medical debt, loan debts are all wiped clean. Even mortgage debt is wiped clean, and if you do not want to pay that debt, you do not have to. You will not be able to keep the house, of course, but it will allow you to hit a reset button on your bills. Bankruptcy is a tool that is used to help people who have fallen victim to a circumstantial debt through no fault of their own, and it’s there to help you get back above water.

Should You File Bankruptcy Before You Get A New Job?

Yes. If you are considering bankruptcy, an increase in wages could potentially push you outside of the qualification for filing. We see this many times because there is not enough information educating individuals. Not only that, but you do not want to have to try and stall you getting hired because you are trying to qualify. The best practice would be to go ahead and file, and then begin your job search. Your income level will determine which type of bankruptcy you qualify for, so it is very important that you talk with one of our attorneys before any major changes happen that could affect your income/debt ratio.

Can I File For Bankruptcy If I Am On Unemployment?

One of the questions we get a lot is if you can file bankruptcy if you are on unemployment, and the answer to that is yes, you can. Unemployment does not affect anything regarding filing for bankruptcy. If you are receiving unemployment and you expect to start a job soon, now is the time to give us a call.

Another life change that can alter your ability to file is a change in marital status. Let us say you are getting married, but both of you have debt and want to file for bankruptcy. If you wait and try to file after you are married, then you are counted as having a joint income. This could prohibit your ability to file for bankruptcy and stand in the way of your wiping clean your debt. It may seem obvious, but we have seen situations like this, and because there is not enough education on bankruptcy as a tool, facts like these get overlooked or perhaps are not even considered in the first place.

Can I File Twice?

Whether you can file for bankruptcy does depend on if you have filed before and when that took place. There is an eight-year filing period between two Chapter 7 Bankruptcies. The best practice you can have is to treat this like a one-time situation, even though we have known clients that were looking to file twice. In that situation, unfortunately they would have to wait, but the good news is that, by having the discussion, we can plan in the coming years and work hard to prepare.

In Conclusion

The cost of waiting to file is so much higher than the cost of filing for bankruptcy. Attorney’s fees are small in comparison to the fact that your debts, which you are struggling to pay at the time and may never conquer, could potentially be wiped away. My initial consultation is free, so make sure you have your questions prepared and information ready to discuss in that first consultation, and I would be happy to help anyone erase their debt and start fresh. That is what bankruptcy truly is, not a bad word, but instead a tool to help you reset your ability to live your life free of debt and full of possibility. If you are considering it, let me help you make the journey just like I have for so many others. You are not alone in your struggles, and bankruptcy may just be the solution you are seeking.

March 1, 2021/by The Orlando Law Group

Bankruptcy Could Offer You A Way Out

All posts, Bankruptcy, Business Law, Coronavirus, COVID-19

There is no question that the U.S. has a financial problem. The statistics are indisputable. Americans carry an average personal debt of over $90,000. Many times, it’s through no real fault of their own. There are so many factors to consider. The cost of living continues to rise, and as it does so it is becoming easier for people to get credit when they may not have the means to cover their bills.

Additionally, with the unemployment rate skyrocketing due to the COVID-19 pandemic, times are difficult for many people, and that includes the struggle with finances. We’ve all seen the headlines about looming eviction rates and bankruptcy surges, but what those headlines won’t tell you is that for many, these issues are not on the horizon, but rather on their doorstep.

While some people tend to shy away from bankruptcy or think it is a negative thing, that isn’t the case at all – when it’s processed the correct way.

What is Personal Bankruptcy?

Personal bankruptcy is a legal process in which a debtor files with their local court system. As a result, the debtor’s personal assets are evaluated, and some may be sold in order to offer creditors a portion of what they are owed.

The process of filing for bankruptcy also creates something called an “automatic stay,” which means creditors are blocked from collecting your debts until the court proceedings are over. This can give you a bit of breathing room while your case is being reviewed.

Bankruptcy works differently depending on an individual’s financial situation and how the court sees it. In some cases, a financial plan may be worked out that better fits with your income and needs, so you can pay back your creditors at a different rate. Other times, your debt will be completely eliminated.

In the case of Chapter 13 bankruptcy, the debtor will develop a plan based on their personal finances to repay their creditors over a fixed period of time.

Chapter 7 or Chapter 13?

Consumers generally file either a Chapter 7 or a Chapter 13 bankruptcy. Some people believe that a Chapter 7 bankruptcy is the best way to go, but that is not always the case. Everyone has their own unique situation which should be analyzed by a professional to determine whether a Chapter 7 or a Chapter 13 bankruptcy is more appropriate. For example, if you do not have a lot of unsecured debt such as credit card debt or medical bills, but you have a home worth $200,000, a first mortgage of $210,000 and $75,000 on your second mortgage, and you want to keep your house, filing a Chapter 13 bankruptcy may be appropriate for you because you may be able to “lien strip” the second mortgage.

On the other hand, if you have a lot of unsecured debt such as medical bills and/or credit card debt, then Chapter 7 may be more appropriate for you. However, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 made changes to the Bankruptcy Code, which makes filing a Chapter 7 bankruptcy more complicated. To be eligible for a Chapter 7 bankruptcy there is a 2-part test. First, there is the “means test”. This subjects debtors to an income-based test. But if the debtor’s income is below the state’s median income, then the debtor is not subject to the means test. Additionally, debtors with primarily (more than 51%) business debts (including investment properties used as rental properties) may file a Chapter 7 bankruptcy regardless.

However, even if you pass the means test, you still have to pass a second test known as the “abusive test”. The United States Trustee or any creditor can move to have your case dismissed. The bankruptcy Court could dismiss your case if the Court finds that you have the ability to pay back a significant portion of your unsecured debts.

If you are eligible to file a Chapter 7 you are looking to liquidate your debt. You are able to keep some property and may have to let other property go. You can keep exempt property.

A Chapter 13 bankruptcy is a form of reorganization. The debtor proposes a plan to pay his creditors over a 3 to 5-year period. Generally, the debtor keeps property and the creditors get less money than they are owed. However, the unsecured creditors must receive at least as much through the Chapter 13 plan as they would have received in a Chapter 7 liquidation.

The Benefits of Filing for Bankruptcy

One of the biggest benefits to working with a bankruptcy lawyer well before filing is the knowledge about the process that professional counsel can share. Because there are time restrictions on how often you can file for bankruptcy, you’ll want to make sure you are in a position to get rid of the maximum amount of debt.

Also, it is essential to consider what might happen if your financial position changes between now and filing for bankruptcy. If your situation improves, should you back out of filing? If it worsens, should you file more quickly?

Working with an experienced attorney will help clarify the answers to those questions and give you peace of mind as you move forward.

Is Bankruptcy Right for You?

Unfortunately, bankruptcy has been stereotyped in a negative light over the last several years. While it certainly is something that should be used as a last resort to get out of debt, it doesn’t mean your credit will be ruined forever, and it isn’t something you should be embarrassed about. Bankruptcy exists for a reason – to help you get back on your feet.

If you are buried in debt, no matter the reason, and you’re not sure what else to do, bankruptcy could be your best option to get a fresh start with your finances.

Feel free to contact the Orlando Law Group for more information on our bankruptcy services and how we can go to work for you to start the process. Our years of expertise with bankruptcy law will make the entire experience as easy on you as possible, so you can focus on eliminating the debt from your life and starting over with your finances in a healthy and responsible way.

September 30, 2020/by The Orlando Law Group

How Extensions in the CARES Act can Help Hurting Homeowners

All posts, Bankruptcy, Consumer Law, Coronavirus, COVID-19, Real Estate

COVID-19 has changed our lives as well as our livelihoods. Income sources have taken a massive hit, and with that, rules are having to change, deadlines are having to be extended, and significant changes are being implemented to help families survive during this stressful time.

Although a phased approach is being taken to open the economy back up, it will be a long road back to normalcy and the financial status many maintained before the coronavirus pandemic.

Specific extensions in the CARES Act are designed to help.

The article below details some points about the CARES Act that are important for homeowners.

Section 4022 – Moratorium on Residential Foreclosures

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief and Economic Security Act of 2020, also known as The CARES Act, which provides for financial relief due to the COVID-19 Virus Pandemic. This Act is put into place to do precisely what the name implies. The CARES Act provides care for this who are struggling because of the stress of a halted economy.

Section 4022 focuses on homeowners and provides a moratorium on residential foreclosures for borrowers with federally backed 1-4 family mortgage loans. It addresses the right of a homeowner to request forbearance from payment on these loans.

Understanding the Requirements – Extensions in the CARES Act Regarding the Foreclosure Process

The requirements only apply to federally backed mortgages, which are loans insured or guaranteed by FHA, VA, USDA, or loans that are owned or securitized by Fannie Mae or Freddie Mac. The moratorium does not apply to vacant or abandoned property or private bank loans. Under the Act, no mortgage servicer of any federally backed 1-4 family mortgage loan is permitted to do the following beginning March 18, 2020, and ending May 17, 2020; and now further extended until June 30, 2020:

Initiate any judicial or non-judicial foreclosure process;
File a motion for foreclosure judgment or order of sale; or
Execute a foreclosure-related eviction or foreclosure sale.

Utilizing the Extensions – Requesting a Forbearance

Section 4022 also allows a borrower on a federally backed 1-4 family mortgage loan to request forbearance from payment up to 180 days with the right to request an additional 180-day extension. Section 4023 allows a borrower on certain federally backed multi-family mortgages to request forbearance for up to 30 days with two 30-day extensions. During the term of forbearance, a tenant cannot be evicted or charged late fees. Section 4024 establishes a temporary moratorium on eviction filings for particular single and multi-family housing. During the above referenced period beginning on March 27, 2020, a lessor cannot initiate an eviction for nonpayment of rent. After the moratorium period, the landlord may not evict a tenant unless a 30-day notice is provided to the tenant.

Governor DeSantis also issued Executive Orders 20-94 and 20-121, consistent with the CARES Act, extending the foreclosure moratorium to all foreclosures and tolling residential evictions until June 2, 2020, but did not waive the obligation to make scheduled payments. Many Florida judicial circuits have also entered administrative orders which limit or prohibit foreclosure and eviction actions. These are meant to stave off the process and help families who are struggling to make ends meet.

What About Title Derived Through Foreclosure?

As a result of the federal and state law foreclosure moratoriums, until further notice, you are required to obtain approval from Underwriting to insure the title or issue a policy based on a foreclosure action where the certificate of title or writ of possession was issued after March 18, 2020, but before the expiration of the CARES Act and Executive Orders 20-94 and 20-121, now on June 30, 2020.

Additionally, title to any property derived through a foreclosure initiated during the effective period of the CARES Act and/or Executive Orders 20-94 and 20-121, will not be insurable.

As deadlines get pushed, and laws get stretched to allow for more financial breathing-room, it is essential to keep in mind how these rules apply to your specific situation. We have many questions that come into our office, and we are always honored to take the time and help someone gain clarity. Sometimes, legal rulesets can become cumbersome. That is why our lawyers are professionals at translating the legal jargon into a crystal-clear understanding of the law.

We are here to help you understand how these rules can apply to you. If you have questions, do not hesitate to reach out to us. We can, and we will help you through it.

Critical Advice: Selling Your Home During COVID-19

May 28, 2020/by The Orlando Law Group

What to do now if there’s a chance of future bankruptcy

All posts, Bankruptcy, Business Law, Coronavirus, COVID-19

Filing for bankruptcy is on the minds of many people right now. For some, it’s clear that the only solution available to free them from financial hardship is bankruptcy. For others, it might not be a consideration, but should it be?

If you have recently lost your job or the current economic conditions are making it difficult or impossible to pay your debt, it might be advantageous to file for bankruptcy.

In either case, whether you know that bankruptcy is your only option or it is just entering your thinking, it is time to planning strategically. You might need to forget about conventional advice on money management and begin thinking differently.

We’ll explain.

It should be no surprise that we are having this discussion as a result of the coronavirus pandemic. The virus and COVID-19 have caused staggering numbers of people to lose their jobs, businesses to shutter operations, and economies around the world to topple.

Some suggest that it could be a year before we see signs of recovery. Maybe longer by some estimations.

So what does this mean for you or your business? If you or your business are struggling to stay afloat, is a bankruptcy on your list of options?

If bankruptcy is in your plan, and it probably should be, here are the things you should be doing right now.

Talk to a bankruptcy lawyer as soon as possible

If you currently cannot pay your debts or you believe that you will soon face insurmountable financial hardship, now is the time to seek out a bankruptcy attorney. A reputable and ethical bankruptcy attorney will offer a free consultation. You will need to understand the types of bankruptcy available to you, the attorney can help with that.

The move that most people make when money gets tight is to get the advice of a financial planning expert. But if bankruptcy is a real possibility, your best move is to speak with a bankruptcy lawyer as soon as possible.

The people who do best after bankruptcy are typically those who worked with a legal expert well in advance of filing.

The strategies you need to employ before filing for bankruptcy are unique to your situation. With the help of a bankruptcy attorney, you’ll be more prepared for what will happen before, during, and after the bankruptcy.

Need to speak to a bankruptcy lawyer? Start here.

Clearly evaluate your situation and don’t rush to file bankruptcy

One of the biggest benefits to working with a bankruptcy lawyer well before filing is the knowledge about the process that professional counsel can share.

Because there are time restrictions on how often you can file for bankruptcy, you’ll want to make sure you are in a position to get rid of the maximum amount of debt.

Working with an experienced attorney will help clarify the answers to those questions and give you peace of mind as you move forward.

If you have a large amount of cash, it’s time to protect it from creditors

Many people do not realize that if you have stockpiled cash in a checking or savings account, that money can be seized to pay your financial obligations to creditors.

Protecting the money you have is critical.

A bankruptcy attorney might advise that you move that money into something like an individual retirement account. In broad terms, if you were to put the money into a Roth IRA, you could still get access to the money if needed and it would be protected from creditors.

Resist the temptation to sell things to pay your debt

If there is even a chance that you are going to be declaring bankruptcy, selling unused or underused possessions to pay credit card or other debt should be taken off your to-do list.

Why? When you complete a bankruptcy, you will have erased your debt. Paying that debt before filing might feel like you are doing the right thing. But the money you could get from selling things might be better used after the bankruptcy.

Leave your retirement plan alone

It might be tempting to consider taking money out of your retirement accounts to pay debts, student loans, or other secured and unsecured debts. But this is generally something you want to avoid.

Even before coronavirus, bankruptcy lawyers would advise leaving your retirement funds intact because they are generally protected from creditors.

Also, there are new retirement fund coronavirus hardships withdrawals which let people acquire up to $100,000 from their 401(k)s or IRAs without penalty. And while these withdrawals are taxable, if they are paid back within three years there are provisions to reverse that tax.

The problem is, if you are facing bankruptcy, it’s likely that you will not be able to pay back the withdrawal. So, using that money to pay down debt could create further financial hardship in the future. It’s a good idea to avoid that.

Tirelessly explore your forbearance options

If your financial future is cloudy and you are unsure if you will quickly get a job or be re-hired by your employer, exploring forbearance options is important.

In forbearance, a lender will allow you to skip some payments on your loan. Skip does not mean that those payments are erased, but instead means that those payments will need to be made in the future.

If you are a consumer filing Chapter 7 bankruptcy, your unsecured debt like credit card debt will be eliminated. Secured debt like your car loan or mortgage generally will not be erased. Forbearance on secured loans like these can offer a bit of financial breathing room and allow you to use the money you have to pay for the absolute necessities like food and utilities. You might also need the money to pay your bankruptcy lawyer’s fees and filing fees.

A bankruptcy lawyer can explaing your forbearance options? Start here.

Do this right now

It should be clear that if bankruptcy is even a remote possibility for you, there are many steps you need to take. Being strategic and moving away from the advice you might get in credit counseling will often make things better for you during your bankruptcy proceedings.

Debt relief is on the minds of just about everyone right now. If this is you, talking with a bankruptcy lawyer is something you should do right now.

May 21, 2020/by The Orlando Law Group

The Paycheck Protection Program Has Run Out of Money. What now?

All posts, Bankruptcy, Coronavirus, COVID-19

It seemed extremely promising. The Paycheck Protection Program was the cornerstone of the federal government’s stimulus package designed to assist small businesses and their employees during this unprecedented shutdown and quarantine.

What is the Paycheck Protection Program?

The Paycheck Protection Program (PPP) is a federal government loan created to give an immediate incentive for small businesses to retain their workers by keeping them on the company’s payroll.

The U.S. Small Business Administration (SBA) had planned to forgive the loans if the company was able to keep all employees on the payroll for eight weeks. The money from the loan was intended to be used for payroll, rent, mortgage interest, or utilities.

What happened to the Paycheck Protection Program?

The short answer is that the PPP has run out of money. Thousands of businesses who qualified as potential borrowers are now unable to access funds through the now cash-empty program.

On April 16, 2020, The SBA announced that the Paycheck Protection Program would no longer be accepting applications from businesses seeking aid.

The shuttering of the $349 billion program leaves legions of businesses out in the cold. Many of these business owners were attracted to the program. It was designed to assist financially during the coronavirus-induced economic slowdown.

According to the SBA, the agency has approved more than 1.6 million PPP loan applications. The total of the requested funds amasses to a wallet-thinning $340 billion. That money is slated to be distributed by close to 5000 lending organizations.

Most borrowers are currently in a wait-and-see mode as they check their bank accounts for the loan deposit.

While it is impressive that the oft-criticized SBA was able to organize and implement this program in such short order, that’s no consolation to the business owners who were counting on the funds to keep the lights on, quite literally.

I applied but never got approved, or I never got to apply for the PPP. What do I do now?

The hard message is that the further away you are from loan approval, the less likely it is that you will see even a thin dime from the PPP.

While the SBA made their announcement on April 16, it’s likely that that 1.6 million applications were submitted and earmarked days ago. Unfortunately, there is no definitive answer aside from “ask your banker” about the status and likelihood of your loan.

So, if you are in the group that will not be funded, it’s time to start exploring other options. If you are driven to keep your business going through this economic slump, you are going to need to find a way to acquire funds. The Florida Bridge loan is also out of money but may receive additional funding. This was limited at $50,000; however. There are also additional SBA loan products which are traditional non-forgivable loans which still appear to be available at least for now.

Refinancing existing debt and/or liquidating unused assets is another approach. However, if neither of these options will help, bankruptcy might be an option. At a minimum, the protection the bankruptcy can offer you might give you the foothold you need to reorganize and come out of this above water.

We are offering a free 15-minute strategy session for businesses that are facing difficult choices because of financial or legal hardships. Give us a call at (407) 512-4394 and ask to speak to one of our business lawyers. This no-obligation session is designed to help you see your options more clearly.

April 16, 2020/by The Orlando Law Group

Is Your Income Affected by Coronavirus? Here’s Where to Start.

All posts, Bankruptcy, Coronavirus, COVID-19

With the Coronavirus, there has come a massive influx of change into our daily lives. Our health is, as always, our top priority. Although the Center for Disease Control is recommending that we take massive precautions, we also must take care of our jobs, routines, and responsibilities without being able to be physically present. Public health officials are recommending that those who are sick stay home. Preventing this virus from spreading has caused so many jobs to be put on pause or to come to a halt. It’s important to know that during this stressful time, we are here to help. It’s important that during this time, we take precautions for those who are at a higher risk.

Even if it’s simply for someone to talk to in case your income gets effected, we believe that conversations with us imbue confidence about the future, which always contains a bit of uncertainty. Consultations are free, and our attorneys go out of their way to consistently be insightful and incredibly helpful. Small businesses have individuals working there that cannot afford sick days, and the businesses themselves can’t afford paid sick leave. The Coronavirus Pandemic is going to have long-term effects on products and services at both the state and local level. The government is doing what they can to brainstorm ways to combat higher rates of job loss and make the federal reserve work to help those who have had a loss of income, but of course, health care costs remain a struggle for those who have lost income due to social distancing and not being able to go to work.

Here in the United States, bankruptcy is not a situation where someone has failed, but rather a situation where someone is beginning to take control. It’s most important to be prepared during uncertain times, and the more ready we are when life happens, the more we can cope with the change. Coronavirus has certainly brought a lot of fear, change, and damage to an economy that benefits from being able to be present at work. Some workplaces can survive using teleconferences and meetings via computer, but others simply cannot. If you have struggled financially because of this virus or have any questions about the future and any, “What if” scenarios, we are always here to help. We care about you and the well-being of the community, and we want to help you stay safe, comfortable, and confident through this difficult time.

Many of our clients have come to us after they’ve gotten behind on payments, and that’s why we want to let you know that it’s never too early to sit down and have a conversation, especially given the fact that you might be out of work and missing some paychecks. Absolutely talk to us before you talk to a debt consolidation company. Many Debt Consolidation Companies will take advantage of the client, placing them in even more debt than they were before. We have seen this happen before.

How has this virus effected your life? We want to know because if there’s an opportunity to help you cope with the change, we will make it happen. The stories that are coming from those we care about are harrowing, and we are committed to our community and to our clients. Even if it’s just to stay connected, do not hesitate to reach out. The ultimate point we want to leave you with is this: don’t let fear or panic stop you from acting. The best knowledge is to be informed by your options. A lot of people, when this happens, start to put their heads in the sand and ignore paperwork and phone calls. It’s best to get on the phone with us as quickly as possible, and together we can help you get to a stable point.

April 2, 2020/by The Orlando Law Group

How to Postpone or Reduce Student Loan Payments

All posts, Bankruptcy, Blog

By Attorney Sophia Dean

The Student Debt Crisis in Numbers

There are various reasons which prevent people from being able to make their student loan payments. As of 2019, Americans collectively owe over $1.56 Trillion in student loan debt. This is spread out by nearly 45 million individuals who are paying back their student loans.

Out of this increasingly large group, there are, of course, individuals who will find themselves in circumstances which will prevent them from making their payments. These people are not alone. In fact, there are roughly 3.7 million student loans in deferment and 2.6 million in forbearance. The good news is that there are deferment and forbearance options which can alleviate some of this stress and allow you to get back on stable ground.

What to Know About Deferments and Forbearances

While there are several options for individuals who are experiencing difficulty paying back their student loans, like income-based repayment, we commonly see deferments and forbearances. On the surface, these options may seem similar, but they actually have several differences which can make them more or less suitable for certain situations. Both allow you to temporarily stop making federal student loan payments or temporarily reduce the amount you pay.

A key reason to look into these options is to help to avoid defaulting on your loans, which can cause significant consequences.

Based on the type of loan you took out, your interest may accrue during this time. Because this will add to the total cost of the loan, it is important to be clear about these details. It is also important to make sure that you have completed the steps necessary to attain an active deferment or forbearance so you don’t miss payments and negatively affect your credit score.

The important question is, Which choice is right for you?

What are the Differences Between Deferments and Forbearances?

The most important thing to know about deferments and forbearances is that they are not one and the same.

A Deferment can be an excellent solution for people experiencing certain circumstances. On particular loans, you may not be responsible for paying the interest that accrues during this period.

Your lender or loan servicer may offer different deferment options based on your particular situation. For example, federal loans have the following deferment options:

● Economic Hardship Deferment

● Graduate Fellowship Deferment

● In-School Deferment

● Military Service and Post-Active Duty Student Deferment

● Parent PLUS Borrower Deferment

● Rehabilitation Training Deferment

● Temporary Total Disability Deferment

● Unemployment Deferment

A Forbearance is a period during which your monthly loan payments are temporarily suspended or reduced. If your particular situation includes financial hardship that prevents you from making loan payments even though you are willing, your lender may grant you a forbearance. During this period of time, the principal payments are postponed. The one caveat is that interest continues to accrue.

You could potentially qualify for a forbearance if you are temporarily unable to make scheduled monthly payments for the reasons listed below:

● Financial difficulties

● Medical expenses

● Change in employment

● Other reasons acceptable to your loan servicer

Because the loans continue to accrue interest during the forbearance term, it is smart to continue paying at least the monthly interest. This method is helpful as it resolves any delinquency on the account.

There are also two different kinds of forbearance—General and Mandatory.

Also known as a “discretionary forbearance”, a general forbearance can be requested due to financial difficulties, medical expenses, change in employment, and/or other reasons acceptable to your loan servicer. It is at the discretion of the loan servicer whether to honor this request or not, hence the name. These can be granted for periods of no longer than 12 months but can be requested again when this time expires.

Mandatory forbearances MUST be honored by loan servicers as long as the individual meets the eligibility criteria. There are more options for eligibility for mandatory forbearances and each one has more specific qualifications and stipulations attached, but the major requirements are;

● If you are serving in a medical or dental internship or residency program

● If you are participating in a teaching service which would qualify you for teacher loan forgiveness

● If the amount owed on your student loan is equal to or greater than 20% of your total monthly income

● If you qualify for partial repayment of your loans under the Department of Defense Student Loan Forgiveness program

● If you are a recently activated member of the national guard but are not eligible for military deferment

As with discretionary forbearances, a mandatory forbearance is granted for a maximum of 12 months. However, this may be extended as long as you continue to meet the eligibility requirements.

Postpone or Reduce Student Loan Payments Next Steps–How to Seek Out a Deferment or Forbearance

Both deferments and forbearances are excellent options for people struggling to pay their student loans due to temporary financial hardships. However, if your financial woes are likely to continue for an extended period of time, it may be a better option to change to an income-driven repayment plan. These are based on your discretionary income, size of your family and multiple other factors. If your loan is not repaid after 20-25 years, you may also qualify for student loan forgiveness as well.

If your circumstances are likely to improve within a reasonable amount of time, it would be a good idea to consider a deferment or forbearance. It is important to remember that your loan servicer does not work for you. The best course of action is to use an outside source such as a well-versed attorney with expertise the variety of student loan options. They will assist you in deciding if a deferment or forbearance is the most applicable in your individual case. Having someone to trust can drastically help reduce the stress and worry associated with dealing with student loan debt.

For the past ten years, The Orlando Law Group has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located in Waterford Lakes, Altamonte, Lake Nona, and Winter Garden. For more information, visit www.TheOrlandoLawGroup.com.

October 30, 2019/by The Orlando Law Group

What happens to student loans in Chapter 13 bankruptcy?

All posts, Bankruptcy

The phrase “student loans” strikes fear in the hearts of most people nowadays. Many are facing high payments coupled with employment that doesn’t pay as expected or as the student had hoped it would. Now what? Chapter 13 bankruptcy may be an option.

Why student loans in Chapter 13 bankruptcy could provide relief.

It’s a well-known fact that except in rare circumstances, student loans cannot be discharged in bankruptcy. However, if you are struggling to make your student loan payments, filing for Chapter 13 bankruptcy will allow you to reduce your monthly obligation by combining all of your unsecured debt into one category. Your payments to your unsecured debt are then based off what you can afford to pay, given your other living expenses and assets.

Keeping student loan companies from garnishing your wages.

This can be extremely beneficial for someone who is being harassed or having their wages garnished by their student loan companies. When you file Chapter 13, a hold goes on all creditors while you are in the bankruptcy which provides a 3-5-year repayment plan. You can still pay back some of your student loans in Chapter 13 bankruptcy, but it is only based on what you can afford. If you cannot afford your regular student loan payments, lowering your obligations by paying a smaller amount through your Chapter 13 plan, may be the way to go. This allows you time to increase your income, deal with your other unsecured debt, such as credit cards and medical debts so that your payments to the student loans are more affordable after your bankruptcy. (Keep in mind the interest continues to accrue while you are in the bankruptcy).

Increasing debt limits could help Graduate or Doctorate level degrees with student loans in Chapter 13 bankruptcy.

It is not uncommon for Graduate or Doctorate level degree to come with $250k worth of student loan debt which only increases when payments are put into income-based payments which barely pay the interest. Debtors may find themselves nearing the debt limits for a Chapter 13 bankruptcy between student debt and long overdue credit card debts or Judgments. The good news is that beginning April 1, 2019, the debt limits in a Chapter 13 Bankruptcy will increase to $419,275 for a debtor’s noncontingent, liquidated unsecured debt. This opens the door for more people to qualify for such a beneficial option when dealing with unmanageable debt. If you think Chapter 13 might be an option to help you deal with mounting student loan debt, contact me for a free consultation.

October 17, 2023/by The Orlando Law Group

Bankruptcy Might Not Be as Difficult as You Think

All posts, Bankruptcy, Business Law

How Bankruptcies Work

By definition, bankruptcies are legal and financial arrangements designed to provide a person or business with temporary relief from their debt. The bankruptcy gives the individual or company (referred to as the debtor) time and flexibility to better organize their ability to pay their debt and other financial obligations. Part of the process typically includes the creation of a plan to fulfill certain financial obligations. There are also specific situations where debts are entirely eliminated.

Clearly, bankruptcies should be considered as an option after other opportunities to relieve the debt have been explored. For example, it is usually advisable to attempt to negotiate with creditors before considering bankruptcy.

While bankruptcies are incredibly complex, there are things that individuals and businesses can do to make the process less complicated. It’s critical that those considering bankruptcies go through a detailed planning process. Also, a recommended first step is enlisting the professional help of an attorney and a financial advisor.

What is bankruptcy protection?

In the US Legal System and in bankruptcy court there is an essential difference between bankruptcies and bankruptcy protection. Put simply; bankruptcy is the process a person or business follows when they can no longer satisfy their debts. Bankruptcy protection refers to the condition where. During and after the bankruptcy, a company or individual has financial protection from their creditors.

What steps should I take before filing for bankruptcy?

When preparing to file, the more organized you are, the easier things can be for you and your attorney. Here are the efforts we recommend doing, and in some cases, not doing, as you prepare.

Do: Determine the type of bankruptcy you should file. Bankruptcies come in several types, including Chapter 7, where most of your debts are forgiven and Chapter 13 which involves restructuring your debt into a manageable payment plan. Your lawyer is the best source of advice on determining which makes sense for your situation. Your lawyer may have you take a Bankruptcy Means Test to assess your ability to pay your debts. The results of this test could eliminate your qualification for filing Chapter 7 bankruptcy.

Do: Enroll in a credit counseling course. You may be required to take a credit counseling course either in person or online. Work with your attorney to determine which is best for your unique circumstances.

Do Not: Go on a spending spree. Many people inaccurately believe that all debt will be forgiven when you file for bankruptcy. The reality is that all of your debt will be examined and an appropriate course of action will be determined. When your debt is reviewed, the bankruptcy court will become aware of any significant spending you might have done before filing. A large amount of what could be seen as unnecessary spending might not work to your advantage.

Do Not: Conceal the truth. Ultimately, the only way to get out of an impossible financial situation is to be truthful and honest about how you got there. When you work with an attorney, the more they know about your situation, the better they will be able to help you.

Can bankruptcies be avoided?

It is entirely possible for many people to avoid bankruptcy and bankruptcy court. The most significant benefit to avoiding bankruptcy court is that you will preserve a higher credit rating. One of the ways you can avoid bankruptcies includes working directly with your creditors to organize a plan to satisfy your debt. Another strategy might be to sell non-essential items that you own and use the money to pay off debt. There are other tactics that should be explored, working with an attorney can help uncover all options that might exist for you.

Do I need a lawyer to file?

Facing overwhelming debt can be a frightening experience and could be a source of embarrassment for many people. You might not want to share details with family and friends, and that’s ok. But you don’t have to deal with the situation alone. Because bankruptcies can be quite complex, it can be to your benefit to hire an attorney early on. The attorney can help guide you through the process, work with you on deadlines and paperwork, negotiate with your creditors, and help make the process easier than going at it alone.

Ready to speak with an attorney about your options? You can contact us to schedule a consultation.

February 20, 2019/by The Orlando Law Group

Couples fight about money. It happens in almost every relationship. Fighting over financial matters can lead couples to enter into the divorce process. Subsequent to a divorce, alimony and/or child support payments may be mandated by the court. But what happens to those domestic support obligations when the ex-spouse charged with paying them files for bankruptcy?

When someone files for bankruptcy, they might believe that all financial obligations will be wiped away. While bankruptcy is a powerful tool that aids in debt relief from creditors, this process does NOT apply to obligations of alimony and child support. This was well defined in a 2005 law, titled “The Bankruptcy Abuse Prevention and Consumer Protection Act” (BAPCPA). This law altered the relationships between debtors and creditors and changed many aspects of bankruptcy law, including how a domestic support obligation is the be handled.
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How Does Bankruptcy Affect Child Support Payments?

All posts, Bankruptcy

The BAPCPA recognizes child support payments as financial support that is intended to maintain human life. Therefore, such monetary arrangements are highly prioritized and protected by the court system.

If your ex-spouse files for bankruptcy it is not a reason to worry. Bankruptcy will not eliminate child support payments, nor can it change the monthly amount you’re owed. What it will do is eliminate certain low-priority debt which will make it easier for your ex to make domestic support payments, including child support.

The attorneys of The Orlando Law Group are experts in both Chapter 7 and Chapter 13 bankruptcy, as well as Family Law. We stand at the ready to assist you through these processes and answer any and all questions you might have. Schedule a consultation today by calling 407.512.4394.

November 2, 2017/by The Orlando Law Group

What is Cram Down in Chapter 13 Bankruptcy?

All posts, Bankruptcy

A Cram Down in a Chapter 13 bankruptcy allows you to reduce the principal balance of a debt to the value of the property it is secured by. You may be able to save your car, investment real estate, or certain other properties, by taking advantage of a Chapter 13 Cram Down.

You are allowed to cram down certain secured debts. A debt is considered secured when your lender has a security interest in your property and can repossess it if you fail to make your loan payments. The most common examples of a secured debt are your mortgage and car loan. In a Chapter 13 bankruptcy, you can cram down your car loan, investment property mortgages, or other personal property (besides real estate) loans such as household goods and furnishings. You can’t cram down a mortgage on your principal place of residence.

Cramming down your loans through a Chapter 13 bankruptcy may also allow you to reduce your interest rate and stretch your payments out over a longer term in order to lower your monthly obligations. The interest rate paid to secured creditors through your plan is determined by the bankruptcy court and will usually be lower than your note rate. In addition, since Chapter 13 plans last three to five years, you may be able to stretch out the payment period for the crammed down loan, resulting in lower monthly payments than if you were paying the loan outside the bankruptcy.

Congress has placed certain restrictions on when you can use a cram down to prevent people from cramming down their recent purchases. These restrictions depend on what kind of property is securing the debt you wish to cram down.

910-Day Rule – If you want to cram down your car loan, you must have purchased the car at least 910 days prior to the bankruptcy, that’s about 2 and a half years. This prevents people from buying a new car and cramming down the loan right soon after driving it off the lot.

One-Year Rule – This rule is similar to the 910-day rule for cars but it applies to all other personal property. It is usually relevant if you are trying to cram down loans on your household goods and requires that the goods be purchased at least one year prior to the bankruptcy before a cram down is allowed.

Investment Property Mortgages – Most courts require that loans that are crammed down be paid off within the three to five year length of your Chapter 13 plan. This creates a practical problem for most people who want to cram down their investment property mortgages because they do not have the means to pay off a mortgage (even a crammed down one) in this short of a time period.

April 18, 2017/by The Orlando Law Group

How Can You Tell When and If it’s Time to Declare Bankruptcy?

All posts, Bankruptcy

How can you tell when and if it’s time to declare bankruptcy?

Some signs that that may be something you need to think about are:

You are only able to make the minimum payments on your credit cards
Bill collectors are constantly calling you.
You are using credit cards to pay for necessities, like groceries and gas.
You have thought about debt consolidation.
You are unsure how much you actually owe to creditors.

If any of these apply to you, you may need to look into your financial situation a little more. Bankruptcy is when you owe more than you can afford to pay. To determine where you are financially, inventory all of your liquid assets. You’ll want to include retirement funds, stocks, bonds, real estate, vehicles, college savings accounts, and other non-bank account funds. It doesn’t have to be exact, down to the penny, a rough estimate is fine.

After you know how much you have, get together and add up all your bills and credit statements. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way out of a tough financial situation. However, bankruptcy shouldn’t be approached casually. It’s definitely not a simple, easy cure-all for out-of-control debt.

If you do decide that filing bankruptcy is the way you should go, you can go about it in one of two main ways. The more common route is to voluntarily file for bankruptcy. The second way is for creditors to ask the court to order a person bankrupt. There are several ways to file bankruptcy, each with pros and cons. You may want to consult a lawyer before proceeding so you can figure out the best fit for your circumstances.

Some common reasons for filing for bankruptcy are unemployment, a lot of medical expenses, seriously overextended credit, and marital problems. A Chapter 7 bankruptcy liquidates your assets to pay off as much of your debt as possible. The money from your assets is given to creditors like banks and credit card companies. The record of your bankruptcy will stay on your credit report for ten years.

But Chapter 7 bankruptcies aren’t right for everyone. Almost all assets are taken and sold to repay creditors. If you own a company, a family home, or any other personal assets that you want to keep, Chapter 7 may not be the best option.

For people who have property they want to keep, filing a Chapter 13 bankruptcy may be the better choice. That allows you to pay off your debts over a period of three to five years. If you have consistent, predictable annual income, Chapter 13 offers a grace period. Any debts remaining at the end of the grace period are discharged.

Once the bankruptcy is approved by the court, your creditors have to stop contacting you. It can be hard to admit you need help getting out of debt. But that’s why our country has bankruptcy laws to protect not only the creditors, but you as well. If you have a high debt-load, it may be time to face financial facts. You could be doing yourself a disservice by not filing for bankruptcy. With a good lawyer and the right information, filing bankruptcy could give you the financial footing you need to get a fresh start.

April 18, 2017/by The Orlando Law Group

Chapter 13 Bankruptcy and Mortgage Modification

All posts, Bankruptcy

What are your options if you cannot afford your current mortgage payment and you are a Chapter 13 debtor? Well, you can surrender your home or you can try to modify your mortgage payment. The option to modify your mortgage payment may be available to you in a chapter 13 bankruptcy before your case is confirmed if you cannot afford your current payment, want to keep your home, and you can afford to pay 31% of your net income to a modified mortgage payment.

What is mediation? Mediation is an informal meeting conducted to resolve disputes and reach an agreement. Mediation is conducted by a neutral intermediary. The mediator is selected by you and your lender. You would pay for the cost of the mediator. The mediator would help you and your lender reach a mutually satisfactory agreement. The mediator cannot force a lender to modify your mortgage. The mediator must be completely impartial.

If you are interested in a mortgage modification while in Chapter 13 bankruptcy you would need to request mediation to participate in the Mortgage Modification mediation program. If you qualify for the mediation program you or your attorney would need to complete and file a Motion for Referral to Mortgage Modification Mediation. The Bankruptcy Court will then enter an order requiring you and the lender to mediate within 60 days. You will have to pay $306.00 to your Chapter 13 Trustee before the mediation for the mediator’s fees. You and the lender will need to agree upon an approved mediator. If you cannot agree upon the mediator the Court will choose one for you. At least 10 days before mediation you will have to provide certain financial information to the lender.

Additionally, the lenders attorney is allowed $300.00 for fees to attend the mediation, which will be paid either through your Chapter 13 Plan or through the mortgage modification. If an agreement is reached at mediation, the Bankruptcy Court will still have to approve the agreement before it is enforceable.

April 18, 2017/by The Orlando Law Group

Do Married Couples Have to File Bankruptcy Jointly?

All posts, Bankruptcy

No. Just because you are married doesn’t mean you have to file a joint bankruptcy. If one spouse has the majority of debt in his/her name, just that spouse can file bankruptcy. Many married couples have the debt in only one of the spouse’s names just in case something happens in the future; such as loss of employment or health issues. This allows only one spouse to file bankruptcy and the other spouse can maintain good credit.

However, when filing either a Chapter 7 or Chapter 13 bankruptcy, both spouses income is considered. For example, to be eligible for a Chapter 7 bankruptcy there is a 2 part test. First, there is the “means test”. This subjects debtors to an income based test. Both spouses income is considered. If the household income (both husband and wife) is below the state’s median income, then the debtor is not subject to the means test. Even if the debtor passes the means test, the debtor still has to pass a second test known as the “abusive test”. The United States Trustee or any creditor can move to have the case dismissed. The bankruptcy Court could dismiss the case if the Court finds that the debtor has the ability to pay back a significant portion of the unsecured debts. This is determined by looking at what the monthly income will be after filing bankruptcy and what the household expenses are. Both spouse’s income and expenses are considered.

In a Chapter 13, the debtor must list all income, debt, personal property, and monthly expenditures. The amount of the plan payment is based upon the debtor’s disposable income. For example, after the debtor lists all household income and household monthly expenditures (utility bill, water bill, food, clothing expenses, rent/mortgage, phone bill, etc.) whatever is left over is the debtor’s disposable income. As with Chapter 7, both spouse’s income and expenses are considered to determine the plan payment.

April 18, 2017/by The Orlando Law Group

What to Avoid Before Filing for Bankruptcy

All posts, Bankruptcy

If you are considering filing bankruptcy, there are a few transactions you should avoid so you do not have any complications with receiving your discharge.

Credit cards and cash advances:
You should stop using credit cards if you know you are not going to pay them off. When you decide to file for bankruptcy, do not continue to use credit cards and do not take any cash advances. For example, if you decide that you are going to file for bankruptcy and within 90 days before filing you use your credit cards and take cash advances, those credit card companies could claim that you used the cards with fraudulent intent. They would argue that at the time you used the credit cards or took the cash advances you were never planning on paying them off, and therefore, you had fraudulent intent. When you decide to file for bankruptcy, stop using your cards and do not take any cash advances.

New loans prior to filing for bankruptcy:
If you apply for a loan just prior to filing for bankruptcy you may have to keep the loan. For example, if you receive a loan for a car within 90 days of filing bankruptcy you will most likely have to keep paying the loan. So if you know you’re going to file for bankruptcy, do not take on a loan unless you want to keep that loan.

Fraudulent transfers:
Do not transfer any real property or personal property into another person’s name. When you file for bankruptcy you must list all your personal property and real property. If there is equity in the property the Trustee will want to take the property. Therefore, many people wrongly believe that if they transfer the title to someone else they do not need to list the property. But that is not the case. You will have to list all transfers of property, in some cases you will have to list property transferred 2 years prior to filing, and other cases 10 years prior to filing for bankruptcy. For example, I have had many clients tell me that they own a car that is paid off and titled in their name but they consider the car to be their child’s car. When filing for bankruptcy, it doesn’t matter who drives the car, it only matters whose name is on the title. In that situation, the car would have to be listed in the bankruptcy because the title is in the parent’s name. Even if the parent transferred the title into the child’s name, that transfer would have to be listed in the bankruptcy.

Not disclosing real property and personal property:

As I explained above, when you file for bankruptcy you will have to list all your property, both real and personal. Do not hide property. You must disclose everything.

April 18, 2017/by The Orlando Law Group

What is a Meeting of Creditors?

All posts, Bankruptcy

After the debtor files either a Chapter 13 or Chapter 7 bankruptcy, the debtor will receive notice of when the first meeting of creditors is scheduled. The first meeting of creditors is held approximately 45 days after filing the bankruptcy petition and schedules. The meeting of creditors is also referred to as a 341 meeting after section 341 of the Bankruptcy Code.

The purpose of the meeting is to examine the debtor regarding the petition and schedules that was filed, and to allow creditors the right to question the debtor. The 341 meeting is fairly informal but the debtor is sworn in and required to tell the truth. Attendance by the debtor at the 341 meeting is required. Bankruptcy Judges are not allowed to be present at the 341 meetings. The trustee assigned to the debtor’s case will administer the oath to the debtor and ask for the debtor’s picture identification and social security card. The trustee will question the debtor about certain assets, whether anyone owes the debtor money, whether the debtor expects an inheritance, whether the debtor listed all assets and debts, etc.

Additionally, if the debtor filed a Chapter 13 bankruptcy, the debtor will be required to read and complete forms and the Trustee will review the proposed plan to ensure the debtor understands the plan. Typically, the 341 meeting last about 5 to 15 minutes. Most of the time creditors do not come to the 341 meeting because they do not need to be present at the meeting to file an objection.

April 18, 2017/by The Orlando Law Group

How Does Bankruptcy Affect My Credit Score?

All posts, Bankruptcy

Many people worry that if they file bankruptcy they will ruin their credit. It is true that a bankruptcy will remain on your credit for up to 10 years. However, the truth is, if you are considering bankruptcy your credit is most likely not very good. A lot of money owed to many creditors can bring down your credit score because you are considered a high credit risk. Additionally, paying creditors late or not at all will also lead to a low credit score and possibly lawsuits from your creditors.

You can rebuild your credit score after filing bankruptcy. The first step is to ensure that all accounts included in your bankruptcy show that they were included in the bankruptcy. This should be on your credit report about six months after your bankruptcy discharge. Remember, any errors on your credit report can affect your credit score. The second step to rebuilding your credit score after a bankruptcy is to start using credit wisely. You should start with secured cards, which gives you a limit equal to the amount in your account. Try not to charge more than 30% of your credit limit. Pay off your credit card at the end of the month. Installment loans also help rebuild your credit, such as car loans, student loans, and mortgages. Just make sure you can afford the car payment and mortgage payment. Don’t be surprised at the higher interest rate you will receive at first due to your bankruptcy filing. In time though, after rebuilding your credit, you will begin to receive lower interest rates.

So if you are considering filing bankruptcy and you are paying bills late or not at all, chances are your credit is not good. After filing bankruptcy most people are a better credit risk because they no longer owe debt to many creditors. Of course the creditors want you to think otherwise. Don’t be fooled, in most cases bankruptcy provides a fresh start.

April 18, 2017/by The Orlando Law Group

Should I File a Chapter 7 or Chapter 13 Bankruptcy Petition?

All posts, Bankruptcy

Consumers generally file either a Chapter 7 or a Chapter 13 bankruptcy. Some people wrongly believe that a Chapter 7 bankruptcy is the best way to go, but that is not always the case. Everyone has their own unique situation which should be analyzed by a professional to determine whether a Chapter 7 or a Chapter 13 bankruptcy is more appropriate for you. For example, if you do not have a lot of unsecured debt such as credit card debt or medical bills, but you have a home worth $200,000, a first mortgage of $210,000 and $75,000 on your second mortgage, and you want to keep your house, filing a Chapter 13 bankruptcy may be appropriate for you because you may be able to “lien strip” the second mortgage.

On the other hand, if you have a lot of unsecured debt such as medical bills and/or credit card debt, than Chapter 7 may be more appropriate for you. However, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 made changes to the Bankruptcy Code, which makes filing a Chapter 7 bankruptcy more complicated. To be eligible for a Chapter 7 bankruptcy there is a 2 part test. First, there is the “means test”. This subjects debtors to an income based test. But if the debtors income is below the state’s median income, than the debtor is not subject to the means test. Additionally, debtors with primarily (more than 51%) business debts (including investment properties used as rental properties) may file a Chapter 7 bankruptcy regardless.

If you are eligible to file a Chapter 7 you are looking to liquidate your debt. You are able to keep some property and may have to let other property go. You can keep exempt property.

A Chapter 13 bankruptcy is a form of reorganization. The debtor proposes a plan to pay his creditors over a 3 to 5 year period. Generally, the debtor keeps property and the creditors get less money than they are owed. However, the unsecured creditors must receive at least as much through the Chapter 13 plan as they would have received in a Chapter 7 liquidation.

April 18, 2017/by The Orlando Law Group

Your Inherited IRA’s are Not Protected from Creditors

All posts, Bankruptcy

In a major decision, the Supreme Court ruled in June 2014 that inherited IRAs are not considered protected retirement funds—and are thus subject to creditors’ claims if the beneficiary files for bankruptcy.

In the case of Clark v. Rameker, Heidi Heffron-Clark argued that a $300,000 IRA she inherited from her mother in 2001 qualified as a protected retirement account. As such, she contended, the account was exempt from the claims of creditors after Heffron-Clark and her husband filed for bankruptcy in 2010.
However, under U.S. tax code regarding inherited IRAs, Heffron-Clark was required to withdraw a minimum amount of money from the account each year, even though she is not yet retirement age. Given this, the court decided the account was not a protected retirement fund because the beneficiary wasn’t using it as one.

Why does that matter?
The Clark v. Rameker decision means that, in the case of bankrupt estates, inherited IRAs will now be considered assets—fully available to satisfy creditors’ claims. If you pass a retirement fund down to a child or grandchild, that inherited money will no longer be protected if your beneficiary must file for bankruptcy.

What should I do?
Careful estate planning can ensure that inherited IRAs remain safe from your beneficiary’s creditors. In most cases, establishing a Standalone Retirement Trust will protect your assets without restricting your beneficiary’s access to them.

How does it work?
Upon the retirement plan participant’s passing, his or her funds will flow into the third-party trust instead of passing directly to the beneficiary. Because the beneficiary does not establish the trust, doesn’t fund the trust with his or her own money, and cannot modify the trust, the trust will—in most jurisdictions—enjoy substantial protection from the claims of the beneficiary’s creditors. An independent trustee—who isn’t the beneficiary—can also be appointed to oversee the trust’s distributions in order to ensure further protection from creditors’ claims.

What do I need to do?
Make an appointment with an estate planner in your area to discuss your options. Standalone Retirement Trusts must be drafted carefully in order to ensure that the trust qualifies as a “Designated Beneficiary.” This guarantees that the trust will be able to take out the minimum required distributions according to the beneficiary’s life expectancy, not the plan participant’s. If the trust is not set up properly, the entire inherited IRA will need to be withdrawn within five years of the plan participant’s death. Work with a reputable planner to make sure your trust is structured correctly and that your beneficiary—and not his or her creditors—will receive the funds you pass down.

April 18, 2017/by The Orlando Law Group

How Bankruptcy Affects Child Support

All posts, Bankruptcy

Money is the root of all evil. That’s how the old saying goes. Sometimes fights about money or money problems can be a factor in why couples get a divorce. After a divorce, one or both people may end up having to file for bankruptcy. In dealing with bankruptcy concerns, child support becomes a critical factor for Florida law cases. If you find yourself in this situation with your ex-spouse, it’s good to understand how bankruptcy affects child support payments.

Often, one party files for bankruptcy under the impression that any and all financial obligation to the other party will be dischargeable in the bankruptcy. But, this does not apply to alimony or child support obligations. In response to the economic downturn and housing market decline, a bankruptcy law went into effect in 2005, titled ‘The Bankruptcy Abuse Prevention and Consumer Protection Act’ (BAPCPA). This altered the relationship of debtors and creditors, and altered the relationships between creditors. The law changed things in the bankruptcy code including how a domestic support obligation will be handled.

A domestic support obligation can be:

Alimony and/or child support
Money owed to a spouse before divorce
Financial obligation incurred during a divorce agreement

Prior to The Bankruptcy Abuse Prevention and Consumer Protection Act, the law indicated that you could not release a child support obligation or alimony in a Chapter 7 or Chapter 13 bankruptcy, but you could discharge any money owed to a spouse under a divorce agreement as long as the money wasn’t a part of the alimony or child support obligation. Also, before this new law, if the ex-spouse filing for bankruptcy couldn’t pay the debt or if discharging the debt would be less damaging to the spouse receiving the funds, it could be listed and discharged depending on the final judgment of the court. All of this changed with the new law.

A Chapter 7 bankruptcy is a personal bankruptcy, offering filers a complete discharge of all eligible unsecured debts; however, child support is not eligible for discharge thanks to The Bankruptcy Abuse Prevention and Consumer Protection Act. It is understood by the United States Congress, family law and bankruptcy courts that child support payments are intended to maintain a human life and are therefore highly prioritized and protected by the court. If you or your ex-spouse file a Chapter 7 or 13 bankruptcy, the domestic support debt and child support is still obligated and the courts will not be able to discharge the debt. When the bankruptcy is over, the spouse will still owe the debt and support to the other spouse.

Bankruptcy eliminates certain low-priority debts, so it may make it easier for your ex-spouse to make monthly child support payments. Bankruptcy can’t change what your ex-spouse owes in child support or modify the amount of payment.

April 18, 2017/by The Orlando Law Group

What Happens If I Stop Paying My Credit Card Bills?

All posts, Bankruptcy

Unfortunately, many people are finding that they are unable to pay their monthly credit card bills. This is not a surprise in today’s economy. Many people have lost their jobs or have high mortgage payments due to the structure of their mortgage. So, what happens if you can’t make your minimal payments toward your credit card balances? The collection efforts begin…

Usually, you will first receive a statement reflecting that you are 30 days late. You will also have a late payment penalty fee. Additionally, your interest rate will likely increase. As the months go by the fees will continue to be added and your account will be closed. The creditor will report your delinquency to the credit bureaus. The calls will also start. You will start receiving numerous calls requesting payments. These calls can be harassing at times. There are laws in place to protect debtors from these harassing calls but sadly some creditors continue to harass debtors while knowingly violating these laws.

After months of not making payments and receiving penalty fees, increased interest rates, and numerous phone calls, what happens next? Usually, this is when you will be served. Yes, the dreaded lawsuit. Creditors will either retain outside counsel or use in-house counsel. You will be served with a Complaint for breach of contract and/or account stated. In Florida, you will have 20 days to Answer the Complaint. If you do not Answer the Complaint within the 20 days, you will receive a default judgment.

What happens after the default judgment? The creditor will try to collect from you. Either by garnishing wages, placing a lien on your property, and/or freezing your bank account. So if you can’t afford your credit card payments, you should consider speaking with a professional to protect you from the consequences.

April 18, 2017/by The Orlando Law Group

What is a home equity contract?

Are there places where a home equity investment makes sense?

Bankruptcy and foreclosure defense as an option

Why do you think that people wait to file bankruptcy?

What are some factors that quality for the time being right?

How Does Bankruptcy Protect Me?

Why Researching Online Can Mislead You

When I File for Bankruptcy, Are All My Debts Wiped Clean?

Should You File Bankruptcy Before You Get A New Job?

Can I File For Bankruptcy If I Am On Unemployment?

Can I File Twice?

In Conclusion

What is Personal Bankruptcy?

Chapter 7 or Chapter 13?

The Benefits of Filing for Bankruptcy

Is Bankruptcy Right for You?

Section 4022 – Moratorium on Residential Foreclosures

Utilizing the Extensions – Requesting a Forbearance

What About Title Derived Through Foreclosure?

Talk to a bankruptcy lawyer as soon as possible

Clearly evaluate your situation and don’t rush to file bankruptcy

If you have a large amount of cash, it’s time to protect it from creditors

Resist the temptation to sell things to pay your debt

Leave your retirement plan alone

Tirelessly explore your forbearance options

Do this right now

The Student Debt Crisis in Numbers

What to Know About Deferments and Forbearances

What are the Differences Between Deferments and Forbearances?

Postpone or Reduce Student Loan Payments Next Steps–How to Seek Out a Deferment or Forbearance

Why student loans in Chapter 13 bankruptcy could provide relief.

Keeping student loan companies from garnishing your wages.

Increasing debt limits could help Graduate or Doctorate level degrees with student loans in Chapter 13 bankruptcy.

How Bankruptcies Work

What is bankruptcy protection?

What steps should I take before filing for bankruptcy?

Can bankruptcies be avoided?

Do I need a lawyer to file?

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