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Divorce cases never move as quickly as people getting divorced would like them to move. Here are the six reasons we often see as to why divorces take so long. Divorce is something many people have to budget for. If your divorce is going to have fighting and you have to be in court a lot to have a judge make decisions for you, that can be expensive. Retainers for divorce lawyers can start anywhere…
When you file for bankruptcy, any asset you own is considered “property of your bankruptcy estate”. An asset is anything you own or have or control, regardless of whether it is financed. Homes, however, tend to be unique because if you reside in your home as your primary residence and/or your homestead, it will be protected from your creditors in most cases. The bankruptcy code provides ways that you may be able to protect your…
If you are struggling to pay your bills, taking a loan against your 401k or taking any money out of a retirement accounts is not a good idea for two main reasons. The first reason is practical – if you take money out of your 401k now, you will see tax penalties later if you have not reached the necessary age. Because most people don’t set aside the money to pay the taxes on the…
A dismissed bankruptcy is a bankruptcy case that is no longer active and was not completed. Essentially, a dismissed bankruptcy is a case that was thrown out by the judge. This usually happens because you did not comply with what the bankruptcy court asked you to do. Generally, this could mean that you did not attend your 341 meeting or that you did not provide the required documents to the Trustee. A bankruptcy case could…
When you file for bankruptcy, any vehicle you own is property of your bankruptcy estate. This means that unless your vehicle is financed or exempt, it may be taken in bankruptcy if you do not take steps to protect it. The bankruptcy code provides ways that you may be able to protect your vehicle with your personal property exemption. If your vehicle is financed, you need to figure out if you owe more than the…
If you follow Feher Law, you know we are animal lovers. We dress them up, we take them to the doctor, sometimes we even refer to them as “kids”. Having to address dogs and divorce is a sad and harsh reality. As much as Feher Law loves dogs, Florida law does not love dogs the same way we do. Under Florida law, pets are considered property. This means that the courts will address your pets…
If you are a divorced individual, you will need to provide certain paperwork to the Court in order to prove that you are legally divorced and eligible to become married. This list applies whether you are marrying someone new or even if you are remarrying your former spouse. Here are the documents you need to provide: A Marriage License Application – A Marriage License is issued under state law. Each county in the state will…
Florida’s bankruptcy districts Finding out what bankruptcy district you are in is pretty simple. We just need to look in the right place. Bankruptcy is a federal court proceeding. You will need to look for the federal court district for where you live. In the state of Florida, we have three federal districts – the Northern District of Florida, the Middle District of Florida, and the Southern District of Florida. You will need to file…
The lawyer answer is – it depends. The student loans will either be a marital debt – required to be split between you and your spouse as marital debt (along with all the other debts) – or it will be non-marital debt and remain your sole liability. The court will look to determine when the student loans were taken out by the student. If all the student loans were taken out prior to the date…
When you file for bankruptcy, any stock you own is often considered non-exempt property. This is because stock is not placed in a category of property that is exempt from creditors in your bankruptcy case. Exempt property includes retirement accounts, social security funds, and homesteads. However, the bankruptcy code provides ways that you may be able to protect your stock with your personal property exemption. When you file for bankruptcy, you are permitted a certain…