Central Florida Bankruptcy Law Firm Helps Clients Understand Effects of Sequestration
It is an uncomfortable feeling to be uncertain about one’s future. For many Americans undergoing the process of filing for bankruptcy, uncertainty is very likely what they will be experiencing for some time to come. Sequestration, or the long-term cuts to different areas of the US Government, is most likely going to cause both court services and the resolution of civil and criminal cases to become delayed and backlogged, creating more stress in an already stressful situation.
Orlando, FL Attorney Works with Clients Dealing with Bankruptcy Statue of Limitations
If you are like many Americans struggling to make ends meet, you may have already begun the process of declaring bankruptcy. Bankruptcy exists to help people deal with their debts, allowing them to discharge some debts and better manage others.
For many years, people have felt that filing for bankruptcy is a last resort before total financial ruin, and as such, was a humiliating process, one to be kept secret or hide from friends and neighbors. But all that is changing. Bankruptcy is no longer something to look down upon, but is a viable, workable option for people who are having trouble making ends meet and paying their debts.
A recent case decision was handed down by the 11th Circuit Appeals Court which will make it possible to eliminate a person's second mortgage on an underwater property through bankruptcy.
Superbowl champion, quarterback terror and perennial pro-bowler Warren Sapp has filed for bankruptcy in southern Florida, owing millions to creditors despite a six-figure monthly income. According to his filing, Sapp owes more than $6.7 million for child support, alimony and other debts.
A recent study regarding saving your home and the different alternatives available including bankruptcy came to the conclusion that most bankruptcy attorneys in Orlando, FL already knew. Chapter 13 bankruptcy is probably the best way to save your home. At the very least the study showed when compared with homeowners who did not file, debtors who filed for bankruptcy were able to stay in their homes for, on average, almost 28 additional months, over two years.This figure includes those who ended up losing their homes.
When clients come in to my office to file bankruptcy in Orlando or my offices in Kissimmee or Clermont, often times they ask me whether it is in their best interest to save their home. Usually the home is several months behind in payments. And yes there is a particular kind of bankruptcy - a Chapter 13 which enables you to (1) catch up your payments in your home; (2) modify your first mortgage to 31% of your gross income, and (3) even eliminate the second mortgage on your home. Nevertheless, most people have an emotional attachment to their home and I understand it.
Many homeowners in debt, from those who have fallen behind on mortgage payments to those who can no longer rely on equity in their house as a buffer against other forms of debt, wonder if they will still have a roof over their head after bankruptcy. The answer to this important question is quite complicated and depends on many factors:
The Bankruptcy Abuse Prevention and Consumer Protection Act
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which heralded a major reform to the bankruptcy system in the United States. As the name implies, the BAPCPA had two main objectives: