Recent Blog Posts
Bankruptcy Chapter 6.5
I recently released a blog and related podcast about the bankruptcy code being broken into 9 chapters, all odd numbered except for one even numbered chapter. That post failed to mention a Chapter 6.5, which you won’t find in the bankruptcy code, and you won’t even find it mentioned in the halls of the… Read More »
Title Issues Raised By Marital Status
Why do Title Deeds in Florida recite the marital status of the grantor, or contain a statement that the property does not constitute the homestead of the Grantor? Article X, Section 4 of the Florida Constitution provides that “The owner of homestead real estate, joined by the spouse if married, may alienate the homestead… Read More »
Attorney Fees In A Mortgage Foreclosure Defense Case
Someone facing a mortgage foreclosure is feeling a lot of pressure – from the lender, from family, possibly from other creditors. The last thing I want to do as an attorney is to create additional pressure on a debtor trying to save their home. Unfortunately, many attorneys have fallen into a habit of charging… Read More »
Why Is Bankruptcy So Odd?
The Bankruptcy Code is broken into nine chapters, eight of them are odd-numbered and one is even-numbered. While the reason for odd numbered chapters is to allow for expansion of the Bankruptcy Code, when a new chapter was added in 2005 by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), it was added… Read More »
Four Ways To Stop Creditors From Calling
Next to issues about credit, the question we get most often is how to stop creditors from calling. In fact, I’ve often said at networking events that one thing to look for that would be a great referral for me is someone who’s cell phone keeps ringing, and each time it rings the person… Read More »
Lease Agreements Are Not “One Size Fits All”
Recently, we’ve had investors and property owners contact us to review lease agreements prepared either: (1) by some company that produces forms that can be bought off the shelf at a office supply store, (2) from another state, (3) from another landlord-tenant situation, or (4) from the Internet. Sometimes, these lease agreements are fine,… Read More »
Five Factors That Make Up Credit Score
When clients come to see us about foreclosure, loan modification, short sale, bankruptcy or debt settlement, one concern is the impact of all of these things on their credit score. While we understand that concern, it is often overshadowed by our goal of reducing debt, because credit can be rebuilt. We first need to… Read More »
When Is Bankruptcy Right For Me?
A while back, I wrote a blog titled “What Chapter of Bankruptcy is Right for Me?” This blog is meant to supplement, or even precede that blog as we explore whether someone should even file bankruptcy. The determination on whether to file is largely based upon the debtor’s income and non-exempt assets. We are… Read More »
Hiring The Right Bankruptcy Attorney
Thank you to one of our podcast listeners, Tiffany, on a great question, or questions: “Why should I hire a bankruptcy attorney?” and “What are some different tips on hiring the RIGHT bankruptcy attorney?” My philosophy on hiring an attorney is the same as hiring a CPA, Auto Mechanic, Air Conditioner Repairman, Plumber, Realtor,… Read More »
Wage Garnishment & Asset Protection
Thank you to our Yesner Law Podcast listener Larry, who asked us the following question about wage garnishment and asset protection: “I filed bankruptcy about four years ago. I was renting a home outside the State of Florida at the time and there was an accident at my home in Florida and it burned… Read More »
