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pjkid6 | Bankruptcy question? |
i am contemplating filing chapter 7. i have an investmemt condo in miami in my name and my wife's name. will this be exempt from my creditors? thanks |
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dslandau
 |
Fla has a homestead exemption. Can you prove you live in the condo? Are there utilities in yourt name? Contact an attorney...you don't want to commit fraud. |
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SPIFIMAN1
 |
If you are going for chapter 7 (liquidation) you may have a problem since it's not your primary residence.
The judge may order the condo sold to pay your debts. You need to consult a bankruptcy lawyer first. The laws have changed and it's a lot harder to qualify for chapter 7 then it was a couple of years ago. |
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matt's mom
 |
We have had to file chapter 7 in the past due to our child's health issues. In my experience, I believe that you have to declare everything of value that you have that could be liquidated to pay off your creditors. I believe that you are able to protect your main dwelling and a mode of transportation, but as far as investments... I think that they are fair game for creditors. Most attorneys offer free initial consultations, look a few up in your area and give them a call. |
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bigpoppa_612
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Depends on your debt. If your debt is substantial enough they could request you liquidate the condo to pay off your debt. Especially since its an investment condo and not the place of residence. |
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OC1999
|
Florida has some unique and favorable(to the debtor) laws on what is exempt in bankruptcy. You may be forced to sell it because it is not your primary residence and used as income property. However, it might be excempted. We don't know what your primary residence state is, but the link below talks about a case that sounds similar to yours. You probably should talk to a lawyer to see if it would actually apply in your situation though. |
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kid4pod
|
None of your assets will be exempt in a ch7. You can file and aggreement with your creditor to retain the loan. I can't remember what it is called, but it wont help your credit rating at all. if you do go through with the bankruptcy, include the investment property, sign the aggreement with the mortgage holder to continue making payments, then refinance that mortgage after the bankruptcy. You'll be able to raise your credit score after the bankruptcy is over.
However, the judge may determine that if you sold the investment property that you could pay your debts. he may require you to sell it.
Do more research on how you can avoid bankruptcy and rebuild your credit on your own. |
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Succes
|
None of your assets will be exempted.
The Chapter 7 bankruptcy is applicable if you have no regular sources of income. It works by reducing or clearing off all your debts. You can then make a fresh start without having to worry about having to pay your debts.
Once you file for Chapter 7 bankruptcy, the bankruptcy court assigns a trustee who works as an intermediary between you and the debtors. He oversees everything and checks out if the bankruptcy plan is going as planned. |
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norwegian2us
 |
You need to check with a lawyer in your home state and a lawyer in FL. What is your home state?
I can get you lawyers in both states for advice by a membership protecting over 1.5 million families and businesses.
The membership is less than a economy cup of coffee 86 cents a day or less, and even less in some states.
www.prepaidlegal.com/info/joebentson
www.prepaidlegal.com/idt/joebentson
extra income could get you out of a bankruptcy position
www.prepaidlegal.com/go/joebentson |
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