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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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FLANDNYLAWYER Do you handle cases We are legal florida residents

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Do you handle cases? We are legal florida residents but also live in New York?
Thank you very much. Unfortunately site rules prohibit me from representing customers of the site. However I can answer your specific questions here.
Customer: replied 7 years ago.

thanks. can you recommend an attorney that handles florida bankrputcy cases but also practices in new york? we have some major health issues which are why we are mostly in new york lately.

we have few joint debts. there is one joint asset which is our apartment in florida which i think can be protected under homestead. it's underwater so i'm not sure if it even makes sense.

Homestead protection from creditors only extends to Florida residents. However, if your apartment is underwater you don't need homestead protection. Are you behind on your mortgage? What city is your property located in?
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

we are florida residents. we are behind on our mortgage but wachovia is working to get us approved under the tarp program. we are in fort lauderdale.

i am the sole income provider and an attorney said that because of this we would have to file for bankrupcy jointly. this didn't make much sense to me but i don't know the law. my husband is on social security and unemployment and has no other sources of income or assets.

we were 9/11 victims and to get 9/11 disaster assistance, the sba liened all of our personal property which includes the place in florida.

The information that you received is not correct.

Why do you want to file bankruptcy without your husband? Is most of the debt in your name alone? what do you want to achieve?
Customer: replied 7 years ago.

i want my husband to file. he can't take the pressure any longer from several bogus lawsuits and money that he owes because he personally signed for some business credit cards. i didn't sign for them.

it's a long messy story but the business assets--two dinner cruisers--were foreclosed by a hedge fund because of some bernie madoff scam they were doing. others who they did this to are suing the hedge fund but we don't have the money to do this and the sec is investigating them so even if we win there may be nothing in the end.

i am worried about the impact of all of this pressure on my husband's health. he nearly passed away from a bleeding ulcer three years ago and has serious diabetes. he is older than i am.

i have my own business and it's doing okay despite the economy.

the apartment loan is only in his name.

one of the lawsuits is also naming me but eliminating my husband from it shouldn't make any difference because he has no assets and it's me they're after and i think i would do a better job of defending it on my own. if i can't win the case, which i think i can because the person who filed it has been convicted of tax fraud and felony perjury, i'll have to file in a year or two.

i've been doing everything pro se but it's not easy.

please let me know how to add to what i've paid you. do i do it when i respond again?


Your husband may want to consider a chapter 7 bankruptcy. However in qualifying for the chapter 7 bankruptcy, all household income is considered. you would not be included in the bankruptcy but your income would be considered in the qualification process. If your combined income exceeds $51,945 for 2 person household your husband would need to meet a complicated needs test in order to file.

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Customer: replied 7 years ago.

i guess it's the means test that's the problem. with my income we are over that and i guess he can't qualify on his own. is it worth trying?

i really don't want to do a chapter 13 because i have paid down most of the debts that i am responsble for and i hate to have to pay for the other debts.


If your concern is the stress, a chapter 7 bankruptcy may not be your best choice. In your situation the trustee will likely investigate your assets to ascertain that there have been no marital transfers in recent years. Since your husband has no assets, you might want to consider that any judgment rendered against him would not be collectible
Customer: replied 7 years ago.

thanks. there have been no transfers and my feeling is just let the liens against him pile up but every day his emotions get much worse. he's never recovered from seeing the planes hit the building on 9/11 and this is only putting him on a downhill spiral.

i guess i'll just wait and see what happens. i am going to try to get an attorney that is more reasonably priced to handle this. we were using some high priced counsel in the past that we just can't afford any more.

If you do decide to file bankruptcy, consider retaining an attorney in Ft. Lauderdale that is also a bankruptcy trustee. By doing so you will assure yourself that you have a knowledgeable attorney. You can obtain the trustee list and phone numbers from the clerk of the bankruptcy court, Southern District of Florida

Best wishes for success