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The filing of a bankruptcy can be an intimidating and overwhelming process, if not carefully planned. For many, the decision to file has come only after the realization that they can no longer stay the course and they need the court’s equitable intervention. Hopefully, an experienced bankruptcy attorney has assisted…

Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer who can assist you in…

Some of us are lucky enough to avoid court for an entire lifetime, and some of us are not. An individual may contemporaneously be a plaintiff in one action and a defendant in another. A civil judgment may be entered against you in one case while you are a plaintiff…

A payday loan is a short-term loan in which a lender provides funds to a borrower in exchange for a post-dated check, which includes the loan principal, interest rate, and fee. The lender agrees to hold the check until the future date on which the check is dated. Many payday…

Under Florida state law, borrowers are given a 60-day grace period if they are unable to repay a payday loan on the date of scheduled repayment. To qualify for this grace period, borrowers must: (1) make an appointment with a credit counseling agency within seven days of the loan’s original…

In 2005, Congress overhauled the bankruptcy code by passing the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Central to this was the enactment of the means test. A list of 14 questions is known as Form 122A. this determines whether there is disposable income available to pay creditors and…

Most people know what a payday loan is. Payday loans, technically known as deferred presentment lending, involve a lender making an advance payment on a borrower’s post-dated check. In return for cash, the borrower provides this check typically dated as of the date of the borrower’s next paycheck. Most attorneys…

Unfortunately, many clients come to our office after a foreclosure auction arising out of a Final Judgment of Foreclosure wishing to save their home. These clients cannot file a bankruptcy since the sale already took place. However, not all is lost for the client. Under Fla. Stat. §45.031, a client…

In the period between the filing of a Chapter 13 plan and its confirmation, debtors may fall behind in making their monthly plan payments. Eventually, the local assigned Chapter 13 bankruptcy trustee or a creditor will file a motion requesting the court to dismiss the case. However, even in this…