Court says recent credit card charges not evidence of fraud

By Marrero, Chamizo, Marcer Law, LP,

Hardship Discharge Florida residents who are struggling with debt might wonder whether they can file for bankruptcy and if they can discharge recent debts. In a West Virginia case, a bank tried to claim that a debtor could not hardship discharge almost $8,000 worth of credit card debt incurred around two months before she filed…

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Getting a bankruptcy off a credit report

By Marrero, Chamizo, Marcer Law, LP,

If a Florida resident files for Chapter 7 bankruptcy, it will likely stay on his or her credit report for 10 years after the filing date. If a person files for Chapter 13 bankruptcy, it will remain on the report for seven years. Unfortunately, there are very few instances in which a person can get…

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More high-income debtors choosing Chapter 11 bankruptcy

By Marrero, Chamizo, Marcer Law, LP,

When Florida debtors qualify for Chapter 13 bankruptcy, they might still choose to file under Chapter 11. Despite the greater expenses and complications of Chapter 11, researchers discovered that increasing numbers of individuals were opting for Chapter 11 protection. The ABI Endownment Fund commissioned the study, which found that individuals were entering the Chapter 11…

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Unemployment income and Chapter 13 bankruptcy

By Marrero, Chamizo, Marcer Law, LP,

When individuals or married couples in Florida face financial challenges, they may decide to look into bankruptcy as one among many options for debt relief. Depending on their circumstances, they may opt to file for Chapter 13 bankruptcy which permits them to keep their property as long as they continue to make payments on their…

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Obtaining child support from a parent with a disability

By Marrero, Chamizo, Marcer Law, LP,

When a Florida couple with children divorces, the non-custodial parent is usually required to pay child support. This is to ensure that the custodial parent has enough money to raise the child. The payment amount will be partially based on the non-custodial parent’s income, so anything that reduces a one’s ability to earn may also…

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Are you the next target of a mortgage modification scam?

By Marrero, Chamizo, Marcer Law, LP,

Mortgage modifications are often wise options for people who are behind in their mortgage payments or who are interested in lowering their payments. Unfortunately, there are a lot of scam artists out there conning innocent homeowners. Florida Attorney General warns residents about scams Despite crackdowns on mortgage scam artists, Florida residents are still being targeted…

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Supreme Court sides with truck drivers in bankruptcy case

By Marrero, Chamizo, Marcer Law, LP,

When a Florida company files for bankruptcy, the workers might worry about receiving their salaries like the drivers who worked for Jevic Holding Corp. They had to take their case all the way to the Supreme Court of the United States after lower courts ignored their $8 million claim for damages while settling the Chapter…

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Can medical bills be discharged in bankruptcy?

By Marrero, Chamizo, Marcer Law, LP,

One of the most common reasons for filing bankruptcy is to get rid of medical debt. A major illness or injury can result in significant bills, even if you have medical insurance. It can also lead to lost time at work, which means less money coming in to pay those bills. Some or all medical…

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Florida prisoners may not be eligible for Chapter 13 Bankruptcy

By Marrero, Chamizo, Marcer Law, LP,

A case involving a felon in prison recently came before a state bankruptcy court. The individual filed for chapter 13 bankruptcy, but the court denied his request since he was making only about $14 per month, which came from the Illinois Department of Corrections. This amount was determined to be insufficient for entering into the…

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The truth about collection accounts and credit reports

By Marrero, Chamizo, Marcer Law, LP,

Florida residents may understand that collections activity on a credit report is not ideal. However, they may not know that such activity may not necessarily stay on their credit report for a full seven years. This may be true if the account in question does not belong to the person who a collection agency is…

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