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October 2016 Archives

Expired, invalid debts are often collected in bankruptcy

Many Florida residents who are in debt to others are not aware that there is a statute of limitations regarding their obligations. After a certain period of time, an unpaid debt that has not been reaffirmed by the debtor becomes uncollectible. If a debtor files for bankruptcy, the owner of time-barred debt may be able to recover some money by filing a proof of claim. However, this practice is now under scrutiny by the U.S. Supreme Court.

Why couples should have a financial plan for marriage

When Florida couples are planning a wedding, they probably have no thought of ever getting a divorce. It is a fact, however, that divorce rates are rather high, especially for subsequent marriages. Talking about finances and debt in advance can make good sense, especially since money matters are one of the leading causes of marital breakups.

Court rules Chapter 13 debtors cannot modify model plan

Based on the rulings of one bankruptcy court, Florida debtors who have filed for a Chapter 13 bankruptcy cannot make a change to their bankruptcy model plan without going through the formal modification process. The case, which was heard by a bankruptcy court in California, concerned five debtors who changed their model plans to permit them to get a discharge at any point after paying off the plan and getting confirmation. The change would have prevented the trustee from distributing any excess funds.

Post-divorce shared parenting trend

For years, it has been a common belief that it is beneficial to children for the mother to be the primary caregiver. However, Florida parents who are considering a divorce may want to know that the current trend in child custody matters is that children are more likely to benefit from spending significant time with both parents.

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