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Fort Lauderdale Bankruptcy Law Blog

Appeals courts define IRA bankruptcy exemptions differently

Some people would say that standardized laws regarding bankruptcy exemptions and other rules would be helpful and make the bankruptcy process easier for Florida residents as well as people across the country. If someone moves to another state where bankruptcy law is different, it can cause confusion and even remove the option for people who would benefit from bankruptcy relief. Even judges within the circuit courts can interpret the laws differently.

Recently an appeals court said that inherited IRA accounts weren’t exempt in bankruptcy. According to a decision of three federal appeals judges, a woman who had inherited $300,000 from her late mother’s IRA won’t be able protect the funds from creditors. The woman and her husband had disputed the IRA’s bankruptcy exemption with the trustee in charge of administering her bankruptcy estate.

Florida foreclosures may speed up with passing of bill

Florida continues to lead the nation for foreclosures, as well as being one of the top states with the longest foreclosure process. While the national average for foreclosures is 414 days, our state’s average is 853 days. A bill to expedite Florida’s sluggish foreclosures has just been passed by the Florida House, after several attempts in the last three years to reform a lengthy process that has hurt homeowners and the housing market alike.

HB 87 aims to push foreclosures through the court system more smoothly, while creating tight standards for banks to prevent the types of foreclosure abuse that had caused many Floridians to lose their homes in recent years. However, some consumer advocates say the expedited process will make it harder for those facing foreclosure to regain their footing and stop repossession, while favoring banks that may want to repossess property quickly. The bill will also keep homeowners from regaining their property in a fraudulent foreclosure if someone else has bought the property from the lender.

Overall debt in South Florida is decreasing

You may have learned the hard way that it's always good to keep your debts down to a minimum. Some types of debt, such as a mortgage or car loan, are often a necessary part of life, but others, particularly from credit cards, are best avoided or at least kept as low as possible. However, the lure of a few thousand dollars in credit and a competitive interest rate is hard to resist for many Floridians. Surely it's okay to spend a few hundred on clothing or home furnishings, and pay it off with low monthly payments, right?

A financial planner from Plantation has advised that keeping a credit card balance is a sign that you're living beyond your means, and credit card debt should only be reserved for emergencies. Reducing your consumer debt is an important step toward financial freedom, and also allows you to save more for retirement--which is something everyone should be thinking about.

Students struggling with debt may soon see student loan changes

Since the 1970s, student loans have been mostly exempt from bankruptcy discharge. Students and graduates crushed by overwhelming debt have been unable to find relief from their student loans by filing for Chapter 7 bankruptcy. Florida's governor and many other politicians from both political sides are listening to student activist groups and advocates about today's student loan problems.

Federal student loan interest rates are being heavily focused on now, as they are scheduled to rise as much as double in July. Student groups would like to see this interest jump delayed or stopped, while Governor Scott gave Florida State University a challenge to set "$10,000 Bachelors Degree" to make college attendance easier for many students.

Federal student loan consolidation as debt relief: important tips

In many ways, student loans can help out someone in need of college money, who might not otherwise have the chance at an education. Many student loans allow deferment until after graduation. However, jobs aren't always in demand right after someone gets a degree, leaving the borrower in the unfortunate situation of not being able to pay his or her loans.

Many Floridians seeking debt relief have considered consolidating their loans. Loan consolidation has the potential to let those with financial challenges get back on their feet, by combining all of their debt into a single monthly payment with one interest rate. Depending on the type of debt - such as credit card debt, a second mortgage, and vehicle loans - this can be very convenient for overwhelmed consumers. But with student loans, especially if you have more than one, it's important to consider several factors before consolidating them.

New rules on federal exemptions help clarify wage garnishment

Just getting by from day to day can be difficult enough for many Floridians with financial challenges, without the worry of having their wages garnished to pay off their creditors. Millions of people might find themselves facing wage garnishments before filing for bankruptcy. Some exemptions have been put in place to prevent people with certain types of income from suffering hardships resulting from wage garnishment.

A debt advisor has clarified some of the questions regarding wage garnishment exemptions. Before May 2011, banks would automatically freeze the bank accounts of people with a wage garnishment order, effectively cutting off their access to the money they needed for basic living expenses. A new rule regarding federal exemptions from wage garnishment is meant to keep consumers' bank accounts from being frozen if the customer receives Social Security, government benefits, and most retirement income. Now banks are required to protect two months' worth of direct-deposited exempt income without requiring customers to prove their exempt status immediately.

Bank of America fined for Orange County mortgage abuse

The $9.3 billion settlement between major banks and the federal government was supposed to provide aid to homeowners in the struggling economy. The agreement was meant to protect them against the types of abusive foreclosure activities lenders were practicing with the "robo-signing" scandal and other actions. But some Florida consumers, judges, and bankruptcy attorneys claim abuse from big lenders still continues. Several homeowners who thought they had debt relief from either Chapter 7 or Chapter 13 bankruptcy have experienced uncooperative lenders and continued harassment from collection agencies.

A Florida bankruptcy lawyer says judges are starting to get fed up with some banks' refusal to honor court rulings in foreclosures and bankruptcies. An Orlando judge hit Bank of America with a $220,000 sanction for ignoring the court-approved loan modification for an Orange County couple. After the homeowners filed for Chapter 13 in 2010, the bank at first appeared willing to lower their monthly payments to $550, but then they continued billing the couple the higher mortgage amount throughout 2011 and 2012. Bank of America also failed to appear to multiple hearings to resolve the issue.

Payday loans a poor choice for those with financial challenges

In this struggling economy, many Floridians will resort to payday loans as a way to help them take care of unpaid bills and other expenses. Whether online or in-store, a payday loan might seem at first glance to be a quick and easy way to get some debt relief, but many consumers don't realize the problems that a payday loan can cause. Astronomical interest rates and a vicious lending cycle are the most common complaints stemming from payday loans in a recent report by Pew Charitable Trusts.

According to the report, about 12 million consumers take out payday loans each year in the U.S. The average 2-week loan is around $375. If most people could afford repaying the loan after that 2-week period, then the service fee might not seem so bad. However, payday loans usually trap the consumer into a debt cycle that takes an average of five months to repay. This results in an annual interest rate of around 400 percent for these types of loans.

Florida residents urged to save and cut back spending

What will you do with your tax return when it arrives? You may be tempted to spend it, but if you're like at least three quarters of South Floridians (according to a poll by dealnews.com), you'll be using your tax refund to pay down the balances from credit cards and other debt, or adding it to your savings account. With $2,803 being the average tax refund in 2012, your refund has the potential to make quite a dent in either your credit card debt or your savings plan - maybe even both.

Financial experts say many Florida residents may already be taking advantage of their tax returns for this purpose. The average consumer credit card balance dropped 12 percent in January, compared to this time last year. The recession, which has caused lingering financial challenges for millions of people, may be a major motivator in getting people to make wiser choices with their tax returns and other forms of large income.

Should you file for Chapter 7 or Chapter 13?

With many Florida homeowners continuing to experience financial challenges, filing for bankruptcy might seem like a good option to provide them some debt relief. Chapter 7 and Chapter 13 are two main forms of bankruptcy that may allow consumers struggling with debt to get back on their feet. Which type of bankruptcy to file for depends on several factors, including the amount of debt and home equity a person has.

Chapter 7 bankruptcy is also known as the fresh-start bankruptcy. It lets most people wipe out their debt, and can still allow them to keep their home, car, and some other assets. There are a few factors a bankruptcy court needs to consider before deciding if a homeowner can qualify for Chapter 7. If you don't have very much home equity, you stand a better chance of being able to file for Chapter 7.

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Nowack & Olson, PLLC
Miami Office:
8180 NW 36th Street, Suite 209
Miami, FL 33166

Fort Lauderdale Branch:
8551 West Sunrise Blvd, Suite 300
Plantation, FL 33322

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7251 W. Palmetto Park Road, Suite 207
Boca Raton, FL 33433

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