Posted on July 31,2020 in Bankruptcy

Everyone’s biggest fear with filing for bankruptcy is losing everything -- your house, vehicles, savings, and more. What many do not know is that filing for bankruptcy does not mean that everything is taken away from you. There are a number of exemptions that Florida allows its residents to keep their assets even after filing for bankruptcy. In order to classify for such exemptions, you must be a Florida resident, not a recently relocated individual. You must have lived in Florida for the past two years to qualify, and if not, you will have to follow your previous state’s exemption requirements. Although it is always best to consult with a bankruptcy lawyer, you should be aware of possible exemptions available to you.

Homestead Exemption

If you are a Florida homeowner, you will likely be able to keep your home after filing for bankruptcy. Most states limit the amount of equity you can have in your house, but Florida is slightly more lenient. As long as you bought and have owned your property 1,215 days (a little less than 3.5 years) before filing, and your property does not exceed a half-acre in size, you qualify for Florida’s homestead exemption.

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 Posted on July 27,2020 in Business Law

COVID-19 has been labeled “unprecedented,” “a global pandemic,” and other phrases that designate the impact this contagious virus has had on our nation. With stay-at-home orders being created and extended, restaurants and bars being restricted, and many people losing their jobs as companies cut costs, it can seem impossible to follow through with some of your contractual obligations. Real estate is one of the areas taking the hardest hit—renters are struggling to pay their monthly fees and homeowners are having difficulties with their mortgage dues. Although moratoriums have been put in place, allowing some leeway with payment due dates, they will soon be coming to an end, leaving thousands of Floridians unsure of what to do next.

What Is “Force Majeure”?

The term “force majeure” refers to a clause present in many contracts giving signees a loophole for following the terms of that contract. In general, force majeure clauses require the petitioning party to present a specific and compelling reason why he or she cannot perform the terms of the contract. However, simply saying times are hard is not enough evidence to escape the contract’s terms. In Florida’s legislation, force majeure includes hurricanes, floods, earthquakes, fire, extreme weather conditions, or other acts of God, wars, insurrections, acts of terrorism, or unusual transportation delays of which the non-performing party is unable to overcome. As you can see, the global pandemic is not included in this description, yet one might consider these unusual and unforeseen circumstances “other acts of God.” 

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 Posted on June 26,2020 in Business Law

Everyone has experienced a time when a lunch date with a friend has evolved into a group event after bumping into someone while out to eat. This “third wheel” can hang around much longer than expected and change your plans drastically. While this is a boiled-down analogy, third-party beneficiaries within business contracts can be a similar experience. Companies signing contracts may not realize the straggling, unintended parties that may appear later down the road. Whether you are a small start-up or a well-established company seeking new business ventures, it is critical to be detail-oriented when drafting a new contract or considering signing one. The legal jargon used in these contracts as well as the high volume of content can cause some businessmen and businesswomen to sign a contract without recognizing the third parties it may bring along with it.

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 Posted on June 22,2020 in Real Estate

As COVID-19 continues to spread across the country, states have begun to make their own decisions regarding reopening after months of mandatory stay-at-home orders. Florida began its reopening process earlier than most and has seen a spike in its recorded cases. The state had its record high of cases on June 16, with 2,783 COVID-19 cases confirmed in a single day. With that state’s popularity as a vacation hotspot, some say that the reopening is happening sooner than it should. Florida may have begun to reopen its public spaces, but regulations remain in place to assist those struggling to pay their rent or mortgage to avoid a high number of evictions or foreclosures in the midst of a pandemic.

Financial Assistance

Governor Ron DeSantis signed the first housing executive order in early April, with an initial timeline of 45 days. According to the order, no mortgage foreclosure actions can be made for the time being. This also extends to renters who are late on rent payments. Landlords are unable to evict you from your apartment or house due to late payments during this time. However, the order strictly states that this cannot be construed as relieving homeowners or tenants from paying their mortgage or rent. Since the pandemic has lasted much longer than the 45 days allotted by Governor DeSantis, he has extended the order to last until July 1, 2020. Although the order may not completely relieve Floridians of their housing costs, it does allow them more time to earn and produce their mortgage costs or seek out additional help through loans or other means.

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 Posted on June 12,2020 in Bankruptcy

Having your belongings taken from you is a frightening situation to imagine. If this occurs, it typically involves your most valuable assets, such as your home or car. Most people have heard the term foreclosure and understand that this means having your home taken away from you. What many may not realize is that any items you have purchased with the help of a loan can be repossessed by the lender if you fail to make payments. This can be a terrifying thought, especially if you rely on your car to get to and from work. Luckily, there are actions that you can take with the help of a skilled bankruptcy attorney to avoid such drastic measures.

How Does Repossession Work?

The term “repossession” refers to the lender reclaiming ownership over the object for which they have helped pay. This can include a house, vehicle, jewelry, furniture, or any other tangible asset that you may be in the process of paying off. Home foreclosures take a period of time and require a number of notices to be made to the owner before repossession can occur. However, vehicle repossession is not always so drawn out. Lenders are technically able to repossess items as soon as a payment is missed and do not need a court order to do so. This often involves a tow truck appearing on your driveway to take your car away. This is typically not the best option for lenders since the value of the car is less than what they would receive from you as you continue to make your payments. However, if you are delayed on multiple payments, it is not out of the question for your lender to seek payment in some form, even if that means repossessing the vehicle.

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 Posted on June 01,2020 in Bankruptcy

Filing for bankruptcy is often the last thing that a person wants to do, which is why many people only consider bankruptcy if they feel they have no other options. Many people may falsely believe that filing for bankruptcy means handing over everything they have. Luckily, there are two types of bankruptcy which allow individuals to choose which one works best for them and avoid losing all of their assets to pay off their debts. Since filing for bankruptcy is often a last resort, you may not be educated on the topic. If you find yourself facing financial difficulty, it is important to understand which type of bankruptcy fits your unique situation.

Chapter 7 Bankruptcy

This type of bankruptcy is the more well-known of the two options. Also known as liquidation bankruptcy, Chapter 7 bankruptcy allows individuals to discharge or eliminate their outstanding debts after their bankruptcy trustee sells their property or assets to pay off as much of their debts as possible. Chapter 7 bankruptcy is typically only used by those who have little to no disposable income. In other words, if you do not have enough income left over after paying ongoing expenses to repay some or all of your debts, you should consider filing for Chapter 7 bankruptcy. The court will use a Chapter 7 means test to see if you are eligible to file for this form of bankruptcy, and if you qualify, you can report the income you earn and the assets you own. Non-exempt assets will be turned over to the bankruptcy trustee to be liquidated, but there are a variety of exemptions that will allow you to keep certain property, and once the bankruptcy process is complete, you will no longer be required to pay your debts. Filing for Chapter 7 bankruptcy should be done with the help of an experienced bankruptcy lawyer who can ensure that you report all income and assets properly and that your debts are fully discharged.

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 Posted on May 14,2020 in Bankruptcy

The coronavirus pandemic has been a series of unprecedented events, one after another. The effects of the pandemic have hit the United States so hard that Congress passed the largest stimulus package in U.S. history, worth more than $2 trillion. The Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act, is a record-breaking relief package that has helped millions of Americans, small businesses, and various levels of government. The Act was so wide-reaching that it touched many areas of American society, including the Bankruptcy Code. If you are considering filing for Bankruptcy in Florida, it is imperative that you understand the impact the CARES Act may have on your case. 

The CARES Act and Bankruptcy Cases

The most well-known portion of the Act is the part that provides for economic impact payments to many American households and individuals. The Act authorized monetary payments of up to $1,200 for people who filed an individual tax return and up to $2,400 for couples who filed a joint tax return. In addition, for each child a person or a couple has under the age of 17, they will receive an additional $500. These amounts apply to single filers whose annual income is up to $75,000 and married couples filing jointly whose income is up to $150,000.

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