Published on:

Bankruptcy, Capone, MobsterThe Las Vegas Mobster Museum is headed to court, but not for racketeering. The museum that houses the world’s largest collection of organized crime artifacts (other than the FBI evidence room), has found itself faced with a Chapter 11 bankruptcy filing citing $5.8 million dollars in debt.

This museum’s debt is proportionally greater than the amount Capone owed to the IRS. When Capone was arrested in 1931 he owed $215,000 to the IRS. According to WestEgg.com this is the equivalent of about $3 million dollars today (after adjusting for inflation) and lead to Capone being given an eleven year prison sentence.

The Mobster Museum will be purchased for $2 million by JVLV Holdings LLC. The former developer, Jay Bloom, is faced with accusations stemming from overstated potential daily visitors and using corporate money to pay for personal automobiles, credit card bills and groceries. Depending on Mr. Blooms testimony, these transactions may be a violation of the bankruptcy code under 18 U.S.C. § 152. which protects against fraud in bankruptcy cases. Even if so, the maximum imprisonment under this statute is only five years, which is quite light when compared to Capone’s eleven. I guess this tells us something we already knew- that it’s bad to lie in bankruptcy court, but it’s far worse to lie to the IRS.

Published on:

Married Jacksonville residents seeking to defend wage garnishments may have a unique opportunity over unmarried debtors. Section 222.11 of the Florida Statutes allows any Head of family to exempt all of their disposable earnings from garnishment. Section 222.11(1)(c) defines “Head of family” as any natural person who provides more than one half of the support of a dependent.

Based on this definition, it would make sense that a husband and wife could both exempt their wages from garnishment as long as they were each providing more than 50% of the support for a child from a prior relationship.

Similarly, in a bankruptcy case, having a non-filing spouse can protect all titled marital property from liquidation by filing that property as, “Tenancy by the Entireties”. This trick is commonly used in the bankruptcy arena.

Published on:

Bankruptcy Mediation ModificationJacksonville Bankruptcy judges are following Orlando judge’s lead in granting bankruptcy debtors motions for court ordered mediation. These motions not only require banks to attend mediation in good faith, but they also require the debtor and banks to come prepared -with all the information and documentation that is required to do a modification. Taking things further, the court will require the bank to send an agent who has actual authority to perform the modification.

Many people fail to get loan modifications because the bank either, “lost the paperwork” or the documents became outdated when the bank had time to reviewed them. A lot of these people are eventually foreclosed on and are forced to bankrupt themselves to remove the liability.

Yes, for this to work the debtor will need to file bankruptcy, but it may be just what some debtors need to force banks to modify loans and keep their homes. If you’ve been trying to modify a loan and found the banks unresponsive and/or impossible to deal with, contact a Jacksonville Bankruptcy Lawyer or call us at (904) 685-1200 for a free consultation and we’ll explore your options.

Published on:

The filing fees for the Jacksonville District Court increased November 1st. The fees for filing are as follows:

Old Fees New Fees
Chapter 7 $299.00 $306.00
Chapter 13 $274.00 $281.00 D,E or F Amendment $26.00 $30.00

Unfortunately, everyone is hard pressed for money these days. This includes the government, which appears to have lead to this cost increase. It does make one wonder if the people who are bankrupt are the ones who should be paying extra when they really are the ones who have the least.

var _gaq = _gaq || [];
_gaq.push([‘_setAccount’, ‘UA-26810504-1’]);
_gaq.push([‘_trackPageview’]);

(function() {
var ga = document.createElement(‘script’); ga.type = ‘text/javascript’; ga.async = true;
ga.src = (‘https:’ == document.location.protocol ? ‘https://ssl’ : ‘http://www’) + ‘.google-analytics.com/ga.js’;
var s = document.getElementsByTagName(‘script’)[0]; s.parentNode.insertBefore(ga, s);
})();

Published on:

4326761005_36b8cac3f3_oYour Jacksonville home has a sale date. You’ve been holding off on filing bankruptcy because you thought a mortgage modification might be possible and now you have 24 hours before your home is going to be sold. If you think that nothing can be done to stop it, you’re wrong.

If you file bankruptcy in the morning and your home was going to be sold in the afternoon, that sale will be stopped by the automatic stay. In simple terms, the automatic stay tells creditors to, “Stay away” until either the bankruptcy has completed or until they are granted court permission to collect again (a process which takes weeks).

The problem most people have is that filing a bankruptcy case requires a LOT of paperwork, and because this paperwork has to be accurate and is signed under penalty of perjury, it has to be accurate and complete. Fortunately, there is a way to gain the benefits of the automatic stay without having to complete all the paperwork up front: The Bare Bones Filing.

Published on:

dodgers.jpgAs you may be aware, the L.A. Dogers filed for Chapter 11 bankruptcy protection in late June of this year. Chapter 11 is a reorganization bankruptcy available to both individuals and businesses where the creditors get to vote on whether or not to approve your proposed repayment plan.

Although McCourt is the owner of the Dodgers, it is the business, the “Los Angeles Dodger” that is filing the bankruptcy. McCourt withdrew an alleged $189.16 million dollars from the businesses funds according to the Los Angeles Times to settle his divorce with Jamie McCourt. To read more about the divorce side of things, see the Jacksonville divorce blog. Taking money from your own business probably wouldn’t be an issue if that business weren’t already insolvent.

In theory, Mr. McCourt has diverted money that could have gone to pay the business’ creditors to his now ex-wife. These transactions could be violations of the bankruptcy code. Things have gotten so contentious that Major League Baseball has petitioned the court to order the sale of the Dodgers. It is difficult to say what will happen in this case as new facts and arguments are coming every day, but the moral of the story is that you don’t drain the assets of an insolvent business and then try to file that business in a bankruptcy.

Published on:

zed.jpgSometimes debts that are supposed to be ‘dead and gone’ don’t stay buried. These debts are nicknamed, “Zombie Debts”. With the difficulties in the economy, debt collectors are being more creative with their collection attempts.

A Zombie debt is one that shouldn’t be collectible. It’s been paid, discharged in bankruptcy or was never valid to begin with. The debtor thinks the debt has been disposed of but some day, often years later, a collector sends a notice. Then it begins again.

Sometimes creditors sell the rights to collect on a note that has already been paid, other times creditors simply make mistakes. Either way, average people shouldn’t have to deal with it. If a creditor starts calling about a debt that you don’t think you owe, contact a Creditor Harassment Attorney or call us at (904) 685-1200 for a free consultation.

Published on:

Did you know that in the state of Florida it is a violation of the Florida Consumer Collection Practices Act (FCCPA) section 559.72 (8) for a creditor to swear at you or a family member?

This protection exists even if the collector is from out of state as all collection agencies are required to register with the state of Florida before contacting it’s citizens in an attempt to collect a debt.

If you live in Florida and a creditor does contact you using profane or vulgar language, you can sue them under the FCCPA. If you would like to discuss the quality of your case and see what we might be able to do for you, contact a Jacksonville Bankruptcy Lawyer or call us at (904) 685-1200 for a free consultation.

Published on:

facebook.jpgWith more than 800 million active users, it’s no surprise that creditors are using the social networking site to contact debtors in attempts to collect monies owed. One Florida woman from St. Petersburg Florida received a friend request from a creditor using a fake name. Once she accepted that request her telephone number and ‘friends’ contacts were made available to the creditor who then contacted her family regarding her debts.

Similarly, a Chicago case dealt with a man who was ‘friended’ on Facebook by a young woman in a bikini. Once he accepted her request she posted on his public wall, “Pay your debts, you deadbeat.”

Although these situations were found to be violations of the Florida Consumer Collection Protection Act (FCCPA), that hasn’t stopped creditors completely. A report out of Great Britain has shown that their Office of Fair Trading is now working to implement laws to protect debtors from creditors taking the same actions in their country. A 59% increase in new complaints about debt collecting has been reported, some of which is probably linked to Facebook activities.

Contact Information