Bankruptcy

Choose from one of our bankruptcy topics listed below:

Chapter 7 Bankruptcy

Introduction This Chapter 7 Bankruptcy information contained herein is specific to cases filed in the Middle District of Florida, Orlando Division, and reflect the experiences of this attorney. This basic information about Chapter 7 bankruptcy should assist... Continue reading

Bankruptcy Means Test

The means test evaluates your income in comparison to the official median income for households in Florida as reported by the Bureau of Census in the most recent reporting year. The median income base increases with the size of your household. The means... Continue reading

Dealing With Creditors

Many people are subject to creditor collection and harassment prior to filing bankruptcy, and in many cases the creditors’ collection efforts are what drives people to seek bankruptcy protection. Once you decide to file Chapter 7 bankruptcy the interaction... Continue reading

Bankruptcy Estate

Chapter 7 bankruptcy involves the administration of what is called your “bankruptcy estate.” The bankruptcy estate comprises all of your assets and interest in property wherever located. The bankruptcy court has worldwide jurisdiction over your property.... Continue reading

Bankruptcy Procedures

The Automatic Stay/Suggestion of Bankruptcy. The automatic stay commences immediately upon the filing of the bankruptcy petition. It acts like a shield between you and your creditors during the bankruptcy. The stay prohibits the commencement or continuation... Continue reading

Chapter 7 Discharge

After the Creditors Meeting, there is a 60-day period during which time creditors can file claims if they believe you have non-exempt assets and during which time creditors may also object to being discharged provided they have legal grounds. Grounds for objection... Continue reading

Understanding A Mortgage and A Promissory Note

Understanding the effect of Chapter 7 bankruptcy on your mortgage starts with understanding that your home mortgage has two parts. The first part is the mortgage note, or promissory note, which expresses your personal obligation and liability to repay the... Continue reading

Chapter 13 Bankruptcy

Florida Chapter 13 Basics Chapter 13 bankruptcy essentially is a court supervised payment plan whereby you pay your unsecured creditors what you can afford to pay based upon your family income and your reasonable family expenses. Chapter 13 bankruptcy... Continue reading

The Chapter 13 Plan

The Plan. Within 14 days after filing a Chapter 13 petition, your bankruptcy attorney will prepare for your review and signature an Initial Chapter 13 plan which sets forth a plan to pay your creditors on a monthly basis through a single monthly payment to... Continue reading

The Chapter 13 Trustee

In the Orlando Bankruptcy Court, Laurie K. Weatherford is the standing Chapter 13 trustee, and she and her staff oversee Orlando Chapter 13 bankruptcy cases. The Chapter 13 trustee’s duties include advising and assisting the debtor in formulating an acceptable... Continue reading

Mortgages in Chapter 13

Chapter 13 Bankruptcy And Mortgage Debts Homestead Property Mortgages. Chapter 13's treatment of mortgages depends upon whether or not the mortgage is on the debtor's principal residence or the mortgage is recorded against an investment property. Chapter... Continue reading

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is primarily filed to reorganize an operating business. A typical Chapter 11 business debtor is one that is generating money but is in financial distress because of bad management decisions including decisions to incur debt payments above... Continue reading

Chapter 11 Filing Procedure

Chapter 11 bankruptcy, like bankruptcy under other chapters, start with the general filings of a bankruptcy petition, supporting schedules, and statement of financial affairs. These are the same forms required by consumer bankruptcy cases except that some... Continue reading

Chapter 11 Plan

The central part of a Chapter 11 bankruptcy is the design, approval, and administration of a reorganization plan. A Chapter 11 plan starts by dividing the creditors into various classifications including priority creditors, administrative creditors, secured... Continue reading

Chapter 11 Fees

Costs and Fees in Chapter 11 Bankruptcy: Chapter 11 bankruptcy is much more expensive than consumer bankruptcies filed under Chapter 7 and 13 as there are more procedures and reports built into the bankruptcy Code and bankruptcy Rules including first day... Continue reading

Chapter 11 Debtor/Creditors

Chapter 11 For Creditors: As with all other chapters, Chapter 11 cases have a meeting of creditors where a creditor, or its representative, may examine the debtor or debtor’s representative regarding the contents of the bankruptcy petition and schedules.... Continue reading

Florida Bankruptcy Topics

Bankruptcy is a complex area of law, and filing bankruptcy is more complicated than simply filling out bankruptcy forms. There are some areas of bankruptcy law that are most frequently the subject of debtor questions. These area include the bankruptcy means... Continue reading

Moral Issues

Most people who file bankruptcy are honest people who feel badly about not paying their debts.  Many believe that bankruptcy is immoral or that they are doing something wrong. I understand how most of my clients feel about bankruptcy, but I believe they are... Continue reading

Income Taxes and Bankruptcy

It is a common misunderstanding that bankruptcy cannot eliminate any tax liability. Although treatment of tax liability is one of the most complicated aspects of consumer bankruptcy law, the Bankruptcy Code does offer many debtors substantial income tax relief.... Continue reading

Involuntary Bankruptcy

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Repairing Credit

While most bankruptcy clients promise themselves that they will never again have or use a credit card, some consider keeping at least one of their old cards for convenience or emergencies after their bankruptcy is over.  In fact, there is usually no reason... Continue reading

Attorneys' Fees

Most Chapter 7 consumer bankruptcies are relatively standardized and legal fees are low compared to other legal work. In 2011, one of the Orlando bankruptcy judges issued a Memorandum Opinion which discussed the market for Chapter 7 bankruptcy attorney fees... Continue reading

Bankruptcy Mistakes

This information pertains to present bankruptcy law and procedures applicable prior to the new bankruptcy law known as the BANKRUPTCY REFORM ACT (effective October 20, 2005).  A summary of the new bankruptcy law will soon be provided elsewhere on this website. ... Continue reading

Frequently Asked Questions About Orlando Bankruptcy

As an Orlando bankruptcy attorney, I've come across a lot of questions in over 20 years of helping clients with bankruptcy. Here are answers to the most common ones. Should I file bankruptcy to get rid of credit card debts? In most cases, bankruptcy... Continue reading

Jon Alper

About Jon Alper

Jon is an attorney focusing on bankruptcy and asset protection in Orlando, Florida.