Judge rules Bankruptcy Trustee cannot retroactively change payment plan

By Marrero, Chamizo, Marcer Law, LP,

Chapter 13 Bankruptcy Florida Based on a case that occurred in another state, a Chapter 13 Bankruptcy Florida trustee is unlikely to be allowed to retroactively change a Chapter 13 payment plan so that it matches an allowed creditor’s claim. A judge for the U.S. Bankruptcy Court for the Southern District of Texas ruled that…

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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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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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Supreme Court to decide on case involving FDCPA

By Marrero, Chamizo, Marcer Law, LP,

Florida residents may have heard about a Supreme Court case regarding bankruptcy and the Fair Debt Collection Practices Act. The question before the court is whether a proof of claim filed in bankruptcy court violates that act if a debt buyer or collector knows that the statute of limitations has expired. It is standard practice…

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Debt collection companies routinely ignore regulations

By Marrero, Chamizo, Marcer Law, LP,

Debt collection companies in Florida are part of a $13.7 billion industry, but the regulations put into place to protect consumers from abuse and harassment are often ignored according to a report released on Jan. 12 by the Consumer Financial Protection Bureau. The federal agency sent surveys to 10,800 American consumers in 2014 and 2015,…

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How to eliminate revolving debt

By Marrero, Chamizo, Marcer Law, LP,

Residents of Florida who have credit card debt are not alone: 38 percent of American households carry credit card debt from month to month. Letting credit debt roll over instead of paying it off each month is called revolving the debt. Experts suggest ways that someone with revolving debt can work towards being a transactor,…

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The potential impact of having a bankruptcy case dismissed

By Marrero, Chamizo, Marcer Law, LP,

Florida residents may know that bankruptcy may be used as a way to reorganize or discharge debt. However, one person who had filed for bankruptcy five times since 2002 was not entitled to a discharge of her debt in a future bankruptcy case. This was the ruling issued by a judge from the U.S. Bankruptcy…

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Deciding between Chapter 7 bankruptcy or a debt management plan

By Marrero, Chamizo, Marcer Law, LP,

Many people in Florida face overwhelming levels of unsecured debt. For some individuals, using a debt management plan can be very helpful. However, debtors may want to do some research before opting for such a plan over filing for Chapter 7 bankruptcy. Debt management plans are offered by credit counseling agencies. With these plans, people…

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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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