341 Meeting of Creditors

After filing bankruptcy, one of the requirements is for the debtor to attend a Meeting of Creditors. The meeting usually takes place within 20 to 40 days after submitting your petition to the court and it provides an opportunity for the Trustee and creditors to ask questions about your bankruptcy filing and finances disclosed within your petition. The purpose of this meeting is to ensure that the debtor properly filed all required documents ...
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4 Common Commercial Lease Disputes (and How to Avoid Them)

A lease, be it commercial or residential, is arguably the most commonly type of contract entered into. Most businesses find it necessary to occupy a physical space (although more companies are going virtual). Compared to residential leases, though, commercial leases are more complex. Businesses are usually restricted in the activities they may conduct on the property, in addition to other terms that sometimes cause friction between the landlord ...
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What you should consider before purchasing a piece of land

You’ve found the perfect piece of land in which you envision your dream home built on or maybe you’ve found the right piece of land to build your business on. Whatever the scenario may be, the major thing to consider before you purchase that piece of land is what zoning regulations it has. Zoning law govern what can and what cannot be done with a piece land. Zoning laws are the reason homeowners do not have a store like Walmart right by their ...
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Top Essential Estate Planning Tasks to Consider When Having a New Baby

Written by Nataline Garcia, Esq. Having a new baby is a special and exciting time for families. With that excitement also comes a new sense of responsibility and even associated stress. Now that you are responsible for another life, it is essential to plan for the future, in the event of any unforeseen circumstances arising. Below are a few of the top essential estate planning tasks to consider when you are expecting a new ...
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How Does a Bankruptcy Affect Inheritances?

If a Debtor inherits money or property during their bankruptcy process, it can, and often does, affect the inheritance.  When someone files for bankruptcy, a bankruptcy estate is created. The estate consists of the Debtor’s property or assets owned. A bankruptcy estate is administered through a bankruptcy trustee, where the estate is temporarily considered a legal owner of the Debtor’s property and assets claimed. Given this, any additional ...
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Divorce and Florida Estate Plans: What should you know?

By Nataline Garcia, Esq. It is common for spouses to prepare joint estate planning documents or name each other in their individual estate planning documents. Florida law allows married couples to prepare joint estate planning documents. However, there are some important laws that may affect your estate planning in the event of a divorce that you should be aware of. Knowing this information can help you take the proper steps after your divorce ...
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Short Sale in Avoidance of Foreclosure

Written by: Nicole M. Garcia, Esq. When facing a Foreclosure action knowing what options are available is essential. If the Homeowner wishes to keep the property some of the loss mitigation options possibly available are loan modification, forbearance agreement, and repayment plan. Once those options have been exhausted there are other options, which allow the borrower to voluntarily turn over the property in order to avoid facing the ...
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4 Essential Documents You Need in Your Estate Plan

When our day-to-day lives are interrupted to the degree we are seeing with the COVID-19 pandemic, certain situations and aspects of our lives are seen with more clarity than before. One indirect consequence of the current health crisis is that more Floridians are creating estate plans. Additionally, those who already have a plan in place have been spurred to take a second look and ensure that their financial goals will be met. To provide ...
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Understanding a Business Succession Plan

By: Nataline Garcia, Esq. Last week in the blog titled “Do you need an Estate Plan” we overlooked the several reasons why one would want to consider preparing an Estate Plan. We briefly discussed the topic of a Business Succession Plan and received a lot of inquiries from business owners about what a business succession plan could do for them. Today, I’m going to elaborate on the purpose of a business succession plan and discuss the key ...
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Refinancing in a time of need

During times of uncertainty, the question on most people’s mind is how to save money.  If you are a property owner refinancing your mortgage can help you meet your savings goals. Refinancing involves changing your existing mortgage for a new one with more favorable terms.  Mortgage refinance is a strategy to help homeowners meet their financial goals. When you refinance your new lender pays off the existing mortgage and replaces it with a new ...
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