Disclosing Assets in a Bankruptcy

Bankruptcy is a debt relief tool that is available to those individuals who have found themselves facing unfortunate financial circumstances. A key component in any bankruptcy filing is the schedule of assets submitted to within your petition to the bankruptcy court. When filing, debtors have a mandatory obligation to disclose all of their assets, liabilities, debts, income, and expenses. Although a Chapter 13 bankruptcy protects assets from ...
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Landlords: 4 Tips to Ensure Compliance with the Fair Housing Act

One of the most significant pieces of federal civil rights legislation passed in the 1960s was the Fair Housing Act, which was signed into law in 1968. The law extended housing protections to members of seven protected classes: sex, race, color, national origin, religion, disability, or familial status. Many of the overt actions that the act originally intended to eliminate, such as refusing to rent to an African-American family in a previously ...
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Debt Defense in Florida

Written by: Nicole M. Garcia, Esq. It is highly likely that if at any point you have borrowed money from a creditor and defaulted,  the creditor will file an action in the proper state court. These types of matters are either filed by the creditor or by the assignee. A creditor is usually the entity or bank that lent you the money. An assignee is typically an entity that bought the debt from the creditor. Depending on the amount in ...
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Bankruptcy Exemptions in General

When filing for a Chapter 7 or Chapter 13 bankruptcy, like all states, Florida has a set of exemptions you may use. One of the biggest questions, when you are contemplating filing for bankruptcy, is whether you will be able to keep your property and that all depends on which exemptions you can use on your bankruptcy petition. They are called "exemptions" because they “exempt”, or in other words “excuse”, certain property from being turned over to ...
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Do you need an Estate Plan?

Written by: Nataline Garcia, Esq. Many clients question whether or not an estate plan is necessary. I always ask if either of the following applies to them, and if so, than the answer should be an immediate “YES!” 1. Do you have children or dependent minors? Specifically, your estate plan allows you to select a guardian for your children or dependent minors. In the event both parents die simultaneously, it is of great importance to name ...
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Recent COVID-19 Impact on Bankruptcy Matters

On March 27, 2020, the President signed the CARES ACT which contained changes to the Bankruptcy Code. This CARES ACT will impact small businesses and consumers who have already filed bankruptcy or that may be faced with needing to file, seeking bankruptcy relief in light of the current economic state. The CARES Act contains a provision that amends the definition of “income” within the Bankruptcy Code for Chapter 13 and 7 filings, so that ...
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Florida Law’s Revisions Concerning your Designation of Health Care Surrogate.

Written by Nataline Garcia, Esq. As of 2015, Florida made substantial changes to Chapter 765 which governs the rules on designations of healthcare surrogates. In our previous blog titled, “What is a Designation of a Health Care Surrogate” we discussed the purpose of a designation of health care surrogate and the steps taken to ensure proper drafting and execution. Today, we will discuss the modifications made to Florida law in 2015, which may ...
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Understanding the Real Estate Purchase Contract

Deciding to sell your property without a realtor (FSBO) is always an option and it is easy to become overwhelmed with paperwork. One document you really need to know your way around is the purchase contract. The contract outlines who is responsible for covering which costs and it dictates the terms of the sale. The contract is also State specific, which means it outlines State required disclosures.  If you are selling your property you should ...
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Deed-in-Lieu 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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Documents home buyers should expect at closing of real estate property

After much saving and planning the time has come to finally close on your real estate purchase. At the closing you will pay for your real estate purchase, the lender (if you have one) will fund your loan and the seller will transfer the title into your name. Although it sounds easy enough, all these tasks require a heap load of paperwork. Signing the documents necessary for the purchase is the longest part of the closing. If you familiarize ...
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