Legal Question in Bankruptcy in Florida

Timing on filing chapter 7

There is a motion for defficency judgement [a real estate investment] i have accumilated large credit card debit receintly but have never missed payment and continue to make all payment on time i have been told it is best to defer filing for a year. I am able to do this .The defficentcy jugdement will force me into bankruptcy. I have a homested ira 401 k retirment ss income and no other assets.


Asked on 6/05/08, 10:07 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Timing on filing chapter 7

Bankruptcy may be unnecessary for you, since you may be "judgment-proof," based on what you've listed here. On the other hand, bankruptcy may prevent a lien from being placed on your homestead. You need to consult with a bankruptcy attorney to know for sure if you should file. You haven't listed any reason I see for deferring your filing for a year. Usually, you are forced to wait a year for filing after your make a transfer of an asset to a relative or business associate. It doesn't appear you've done that.

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Answered on 6/05/08, 10:20 am
RP Hartley Hartley Law Firm, PLC

Re: Timing on filing chapter 7

Generally you need to wait at least 90 days after recent large credit card charges ... stop using your cards at once. If you wish a free office consultation please set an appointment with our Clearwater office: Hartley Law Firm , www.HelpHomeDebt.com

**********************

you wrote

Category: Bankruptcy Law

User Location: FL

Zip: 33706

Question relates to: FL Law

Posted: 6/5/2008

Subject: Timing on filing chapter 7

Body:

There is a motion for defficency judgement [a real estate investment] i have accumilated

large credit card debit receintly but have never missed payment and continue to make all

payment on time i have been told it is best to defer filing for a year. I am able to do

this .The defficentcy jugdement will force me into bankruptcy. I have a homested ira 401

k retirment ss income and no other assets.

Message ID: 748622690

Read more
Answered on 6/05/08, 11:29 am
RP Hartley Hartley Law Firm, PLC

Re: Timing on filing chapter 7

Generally you need to wait at least 90 days after recent large credit card charges ... stop using your cards at once. If you wish a free office consultation please set an appointment with our Clearwater office: Hartley Law Firm , www.HelpHomeDebt.com

**********************

you wrote

Category: Bankruptcy Law

User Location: FL

Zip: 33706

Question relates to: FL Law

Posted: 6/5/2008

Subject: Timing on filing chapter 7

Body:

There is a motion for defficency judgement [a real estate investment] i have accumilated

large credit card debit receintly but have never missed payment and continue to make all

payment on time i have been told it is best to defer filing for a year. I am able to do

this .The defficentcy jugdement will force me into bankruptcy. I have a homested ira 401

k retirment ss income and no other assets.

Message ID: 748622690

Read more
Answered on 6/05/08, 11:29 am


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