First, you should check your bankrutpcy schedules to make sure that the creditor sending you the bill received notice in your bankruptcy. Secured Creditors will be listed on Schedule D and Unsecured Creditors will be listed on Schedule F.
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:
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.
The problem is you are trying to apply human logic to a bank which will steer you wrong every time!
Banks are large organizations. Different departments complete different tasks. The bank has a department that completes the modifications and a different department that refers passed due accounts to the bank’s foreclosure attorneys. Before the modification receives final approval, the bank may refer your account to its attorney to preserve its rights to the property if the modification is denied or payments are not made.
Miami Bankruptcy Attorneys, Can bankruptcy help me get rid of my student loans?
According to Miami bankruptcy attorneys, unfortunately, bankruptcy cannot help you get rid of student loans. Sorry!
While student loans can be discharged in a Chapter 7 bankruptcy, the task is nearly impossible unless you fit a very specific set of facts.