A recent ruling in Florida bankruptcy court held that bankruptcy trustees may use the IRS’ 10-year-post-assessment recovery period in order to pursue assets via fraudulent transfers. This, in effect, serves to extend the length of an estate’s claims past the shorter duration allowed by Florida’s statute of limitations. The ruling is the first of its…

Failing to understand the importance of bankruptcy petition may cost you the right to appeal in state court. This is the takeaway lesson of the case of Hewett v. Wells Fargo Bank, N.A. as Trustee, No. 2D15–1074, 2016 WL 3065014 (Fla. 2d DCA June 1, 2016, which reminds Floridians of the need to work with a…

Following bankruptcy cases and legal developments is an important way to determine the outcome of future cases in Florida. In legal language, the term for previous court cases affecting future rulings is known as “precedent.” While courts are not required to use the reasoning of prior court cases to rule on the current case, courts…

There is an old saying that if you want a job done well, you ought to do it yourself. Avoid this line of thinking when it comes to filing for bankruptcy. When you file for bankruptcy without an attorney, you are ultimately going it alone. In legal terms, filing for bankruptcy on your own is…

One of the most crucial determinations to make for your Florida bankruptcy pertains to choosing the ideal bankruptcy chapter that is best for your needs and unique situation. As always, a Florida bankruptcy attorney will give you the specific advice you need, but here are a few general rules that provide a rough outline of…

In any Florida bankruptcy, the endgame is a discharging of your debt. A discharge of debt only occurs when a judge signs a court order that proclaims you are free of the obligation to pay the dischargeable debt. Additionally, a discharge of debt frees the Florida debtor from creditors attempting to collect the discharged debt…

Florida bankruptcy is a trying and stressful ordeal, but this Guide to Filing for Bankruptcy in Florida ought to demystify much of the bankruptcy process. Here are a few of the key elements of bankruptcy to keep in mind. Paperwork Needed for a Florida Bankruptcy Before the bankruptcy process begins in earnest, debtors must gather…

In light of the Powerball drawing that resulted in three Powerball winners splitting a record jackpot worth $1.6 billion, it can be easy to think that these people will soon be living the dream. Evidence suggests the opposite may be in the cards for these Powerball winners. Many people heard about the low odds of…

No one wants to hear the words “We find the defendant guilty!” in a court room, but it happens to hundreds of people every day. And when that life-changing even occurs, a person might have a few days or weeks to adjust, or he may get put into handcuffs and incarcerated that very day. In…

Filing for bankruptcy used to have a negative stigma, but that is no longer the case. Having to file for bankruptcy is not simply the result of a blatant refusal to live within one’s means. There are many reasons why it is the best option for someone who has found themselves in financial trouble. Read…

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