Skip to content
  • Park Place II
    12954 SW 133rd Court,
    Miami, FL 33186
  • (305) 278-0811
    Free Case Consultation
  • Schedule Appointment
    Informaccion en Espanol
  • Home
  • Firm Overview
    • Bankruptcy Videos
  • Attorney
    • James W. Schwitalla
  • Practice Areas
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Bankruptcy Litigation
    • Loan Modifications
    • Quiet Title Actions
  • FAQ’s
    • The 341 Meeting
    • When You Meet With Us
    • Special types of Debt
    • Creditor Harassment
  • Blog
  • Contact Us
Miami Bankruptcy Lawyer > Blog > 2013

Year: 2013

USDC Appeal AFFIRMS Bankruptcy Ct That Found FL DOR in Contempt

Posted by James Schwitalla on September 20, 2013

United States District Court Judge Kenneth A. Marra of the Southern District of Florida rejected the appeal of the State of Florida Department of Revenue and AFFIRMED United States Bankruptcy Court

Continue reading “USDC Appeal AFFIRMS Bankruptcy Ct That Found FL DOR in Contempt” →

Divorce and Bankruptcy: Should the same attorney handle both?

Posted by James Schwitalla on July 21, 2013

Divorce and Bankruptcy are areas of law that often go hand-in-glove. The financial distress that precipitates one can also cause the other to occur. In many cases, divorce – and its resulting reduction of household income and duplication of living expenses – is the direct cause of bankruptcy!

So, what’s wrong with your divorce attorney handling your bankruptcy?!

In a word: everything!

My practice is limited to bankruptcy. Even after more than 21 years of practice – eating, drinking and sleeping this area of the law – I learn something new every day. I am constantly reading new cases on bankruptcy issues, reading and re-reading the bankruptcy code, rules of procedure and local rules, as well as confronting and analyzing new fact patterns that clients bring to my offices in Kendall Tamiami.

In addition to familiarity with the bankruptcy code, rules, and cases, I constantly remain vigilant as to changes in the state statutes and case law, for example those related to Florida’s exemptions, that intersect with bankruptcy law and can greatly affect what assets a client of mine can protect when they file a Chapter 7 or 13.

I am sure it is the same for similarly dedicated family law attorneys. I know enough about family law only to tell a client the basics, and refer them to an appropriate colleague of mine that practices that area of the law for an in-depth consultation.

As noted above, persons often have to face both divorce and bankruptcy due to the reduced income, and increased expenses and debts associated with the end of a marriage. But just because you happen to be in a divorce lawyer’s office when the thought of bankruptcy relief arises, does not make the nearest attorney your best choice for bankruptcy guidance.

Don’t order fish at a restaurant known for great steaks! And for heaven’s sake, do NOT have your divorce lawyer handle your bankruptcy. It literally could cost you everything!

When you go to the web site of my law firm, areas of practice page, you will NOT see family law:

http://www.MiamiBankruptcy.net/Areas-of-Practice

Do I Include My Spouse’s Income When I File Bankruptcy?

Posted by James Schwitalla on July 15, 2013

When a person consults with me as a bankruptcy attorney in my office in Miami (actually, the Kendall Tamiami area), many times they want to file bankruptcy under their name alone. They do NOT want to file with their spouse or include their spouse’s income.

A common example is a second marriage where the debtor consulting with me has debt from a prior marriage that their current spouse had nothing to do with, and wants nothing to do with! Another example is their spouse has great credit, and they don’t want to do anything to harm that credit. Yet another example is where most of the income or valuable assets are under the spouse’s name.

However, the bankruptcy code requires that household income be reported, regardless of whether one spouse or both spouses file bankrupty. So, if both spouses live in the household, then both incomes are reported. If the household only includes one spouse (i.e., the spouses are separated, have separate households), then only the debtor’s income is reported.

Now, I know what some of you are thinking, “I’ll just SAY I’m separated…”

*!* BAD IDEA *!* BAD IDEA *!* BAD IDEA *!*

Did I mention that telling a lie to the court is a BAD IDEA? Of course. It would be a SERIOUS misjudgment on anyone’s part to think that lying to the court to try to get rid of some debts would ever work. The bankruptcy court, and all the outstanding professionals that work in the court, have seen thousands of cases, and they will easily and immedaitely see the situation for what it is. If a person is caught lying in a bankruptcy, the least of the bad things that will happen to them is that they would not get a discharge. The worst that could happen? Well… let’s just say it involves bringing their toohtbrush to court, and getting measured for an orange jumpsuit!

OK, so we tell the truth! Does that mean your spouse must pay for all your debts? No! Including their pay may not affect the case at all. If it does affect the case, and withouty their pay you would not have to make payments to the court, but with their pay you would have to make payments to the court, well… that, as they say, is how the cookie crumbles. At least they have you!

So, if you are getting married to someone who has a lot of income, COME SEE ME before you get married! Better yet, come see me before you get engaged!

Good Luck.

And remember…

Got debt?

Think MiamiBankruptcy.net

Click here to visit our website.

What are EXEMPTIONS, and why are they important?

Posted by James Schwitalla on July 12, 2013

What are exemptions and why are they important to people filing bankruptcy in Florida?

Exemptions are rights under the law to shield assets from the claims and reach of creditors.  In a Chapter 7 bankruptcy context, these rights protect your assets from seizure and liquidation by the Chapter 7 Trustee. 

Continue reading “What are EXEMPTIONS, and why are they important?” →

What does confirmation mean?

Posted by James Schwitalla on April 11, 2013

In a Chapter 13 case, the objective is to get court approval of your Chapter 13 plan. Your plan is the statement that you send to all your creditors.

Continue reading “What does confirmation mean?” →

My bankruptcy case was dismissed? What do I do now?

Posted by James Schwitalla on April 8, 2013

If you receive a notice in the mail from the court that states your bankruptcy case is dismissed, then you need to look at the other items you have received from the court or communications from your attorney. If you are a client of our office,

Continue reading “My bankruptcy case was dismissed? What do I do now?” →

Recent News

  • Solving Credit Report Errors
  • James Schwitalla Persuades U.S. Supreme Court to Deny Certiorari to the State of Florida
  • NACBA Appellant Award James Schwitalla receives NACBA Appellate Award
  • Income Based Student Loan Programs

Categories

  • 401K
  • Appeal
  • Attorney
  • Automatic Stay
  • Bankruptcy
  • Bankruptcy Discharge
  • Chapter 13
  • Chapter 7
  • Chapter 7 Trustee
  • Consultation
  • Credit Cards
  • Creditors
  • Dismissal
  • Divorce and Bankruptcy
  • Exemptions
  • Florida
  • Foreclosure
  • Garnishments
  • HELOC
  • Homestead Property
  • Income
  • Investment Property
  • Means Test
  • Modification
  • Quiet Title
  • Small Business
  • Statute of Limitations
  • Strip off
  • Student Loans
  • Tax Debt
  • Tax Refund
  • Trustee
  • U.S. Supreme Court
  • Workman's Compensation Claim

Archives

  • December 2017
  • June 2017
  • May 2017
  • April 2017
  • December 2016
  • September 2016
  • August 2016
  • May 2016
  • April 2016
  • March 2016
  • July 2015
  • June 2015
  • May 2015
  • February 2015
  • January 2015
  • September 2014
  • July 2014
  • June 2014
  • April 2014
  • March 2014
  • September 2013
  • July 2013
  • April 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012

General

  • Home
  • Firm Overview
  • Attorney
  • En Español
  • Blog
  • Contact Us

Our Services

  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Bankruptcy Litigation
  • Loan Modifications
  • Quiet Title Actions
  • Bankruptcy Videos

About Us

Miami Bankruptcy serves clients throughout the Miami and Miami-Dade County area, South Florida and the Florida Keys, including Kendall, Westchester, Sweetwater, Pinecrest, Palmetto Bay, Cutler Bay, Homestead, Florida City, Cutler Ridge, Richmond Heights, Key Largo, Marathon, Islamorada, Big Pine Key, Key West, Tavernier and Plantation.

Our Offices

Park Place II, 12954 SW 133rd Court Miami, FL 33186
(305) 278-0811
2 S. Biscayne Blvd., Ste. 3760, Miami, Fl. 33131
By Appointment only
James Schwitalla
Rated by Super Lawyers


loading ...
Copyright © 2015 The Bankruptcy Law Offices Of James Schwitalla, P.A. All rights reserved.
  • Disclaimer
  • Sitemap