Site: Florida Bankruptcy News
Stripping 2nd Mortgage Liens in Chapter 13 Cases
Publish Date: Sat, 15 Oct 2011 02:30:07 +0000
If a second mortgage on your principal residence is wholly unsecured, you may be able to strip a 2nd mortgage lien from a homestead property in a Chapter 13 case (meaning convert it to an unsecured loan and ultimately obtain a discharge upon completion of the Chapter 13 Plan). A motion and hearing is required, [...]
Osborne vs. Dumoulin: Availability of Florida?s $4,000 Wild Card Personal Property Exemption
Publish Date: Thu, 06 Oct 2011 01:56:45 +0000
In Osborne vs. Dumoulin, the Florida Supreme Court rephrased and answered the following certified question in the negative:
Whether for the purpose of the statutory personal exemption in section 222.25(4), a debtor in bankruptcy receives the benefit of Florida’s article X, section 4, constitutional homestead exemption where the debtor owns homestead property but does not [...]
Florida Automobile Exemption(s)
Publish Date: Tue, 04 Oct 2011 23:08:22 +0000
Although first posted as a comment, I wanted to add a post for the Automobile Exemption in Florida.
First, you must determine if you have any equity in the car. Find the retail value under a third party appraisal source such as N.A.D.A. or Kelley Blue Book for your specific model car (including options), [...]
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