Bankruptcy Law Blog

Yes, pursuant to 11 U.S.C. § 727, the debtor’s discharge may be denied in a Chapter 7 case for the following reason: (1) the debtor failed to keep or produce adequate books or financial records; (2) the debtor failed to satisfactorily explain any loss of assets; (3) the debtor committed a bankruptcy crime such as […]

The Bankruptcy Code allows debtors to file Bankruptcy again. There are no restrictions on the number of bankruptcy cases you can file or when you can file another bankruptcy. However, the code does limit the number of bankruptcies discharges you may receive during a specified period. Filing a bankruptcy and receiving a bankruptcy discharge are […]

Exempt assets are ones the debtors get to keep, and non-exempt assets are surrendered to the trustee? A debtor can ‘exempt” or keep certain assets by applying the appropriate statutes to the asset on the bankruptcy petition. There are numerous factors that determine what assets can be exempt. Ideally a debtor uses all the exemptions […]

Most retirement accounts are “exempt,” meaning you keep them so long as you do not liquidate or cash out your retirement account immediately before filing bankruptcy. The following types of pensions and retirement funds are exempt in Florida: Do not withdraw money from your 401(k) or other retirement accounts without consulting your attorney first.  Money, […]

Yes. Your employment status will not affect your ability to file for bankruptcy protection. However, your income will determine what chapter you file. Some of my concerns for my self-employed clients and their business is “are there any assets associated with the business (or otherwise) that the Trustee can seize? What is the business worth? […]

Where can I find information regarding the classes that must be taken both before and after filing for bankruptcy? Information relating to pre-bankruptcy credit counseling and post-bankruptcy debtor education is found on the Program’s Web site at: Credit Counseling & Debtor Education Information.  After your bankruptcy petition is filed, you will be required to take the […]

With over 30 years of experience in bankruptcy and workers’ compensation law, I’ve helped thousands of Floridians navigate some of the toughest moments of their lives. I write this blog to share insights, legal tips, and real-world advice based on the cases I’ve handled and the people I’ve had the privilege to represent. My goal is simple: to help you understand your rights and feel empowered through knowledge.

Legal Topics