Court rules Chapter 13 debtors cannot modify model plan

By Marrero, Chamizo, Marcer Law, LP,

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…

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Is debt consolidation a good deal?

By Marrero, Chamizo, Marcer Law, LP,

To a person with more credit card debt than they can pay, debt consolidation may seem like a way out. Combine debt into one monthly payment at a lower interest rate. Unfortunately, debt consolidation doesn’t solve the problem of too much debt. Instead, it leads to more debt over a longer period of time. What…

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Post-divorce shared parenting trend

By Marrero, Chamizo, Marcer Law, LP,

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…

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Man must pay ex-wife’s legal fees despite bankruptcy

By Marrero, Chamizo, Marcer Law, LP,

Florida residents who are interested in finances and the law may want to know of a recent ruling in a spousal support case. A man who was ordered to pay his ex-wife’s attorney’s fees has lost his appeal of the court’s decision. The man had declared bankruptcy and objected to the order to make the…

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Benefits of a prenuptial agreement

By Marrero, Chamizo, Marcer Law, LP,

Despite many believing that prenups are only for the wealthy, regular individuals should also consider getting one. Prenuptial agreements are like an insurance policy that protects both people if a marriage fails. There are several reasons couples in Florida might want to consider a prenup before getting married. A prenuptial agreement allows both people to…

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College savings and divorce

By Marrero, Chamizo, Marcer Law, LP,

Florida parents who are facing a divorce might be concerned about college savings they have built up for their child. They might be concerned that if the other parent finds a new partner, they might try to use the money to pay for the education of the partner’s child or of a child that they…

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Bankruptcy and mortgage refinancing

By Marrero, Chamizo, Marcer Law, LP,

Assuming that a Florida homeowner who has filed for bankruptcy owes less on a mortgage than the home is worth, how long a wait is there after the bankruptcy has ended before a refinancing of the mortgage is possible? It partially depends on why the homeowner went bankrupt to begin with. In the event that…

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Elements of the bankruptcy estate

By Marrero, Chamizo, Marcer Law, LP,

If an individual receives payment for services after filing for Chapter 7 bankruptcy, it may still be property of the bankruptcy estate. Florida residents may be interested in the finding of a bankruptcy judge in Massachusetts in that regard. In thecase that was decided on Aug. 17, an attorney received $10,000 from a client after…

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Which two months of the year see the most divorce filings?

By Marrero, Chamizo, Marcer Law, LP,

At this time of the year, parents are busy preparing and finalizing plans for the upcoming school year, making trips to discount stores for supplies, shopping malls for clothes and grocery stores for lunches. Interestingly enough, a recently released study by researchers at the University of Washington reveals that many of these parents might also…

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How Chapter 13 bankruptcy can help you – II

By Marrero, Chamizo, Marcer Law, LP,

Last week, we started discussing how an unforeseen event: divorce, loss of a job, debilitating injury, serious illness, etc. can wreak financial havoc on even the most financially prudent individuals, rapidly draining their bank accounts and pushing them toward the brink of insolvency. We also explained how those who find themselves in this situation should…

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