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April 26, 2011

I filed bankruptcy and then the next week a creditor repossessed my car. Is this legal?

NO. When you file bankruptcy, an automatic stay is put into place that blocks creditors from trying to collect from you. A creditor cannot call or write you to ask for you to pay a bill and they cannot repossess your property. A Jacksonville bankruptcy attorney can probably get this property back for you. If the creditor knew about the bankruptcy, which is likely, then your bankruptcy attorney can actually sue the creditor for monetary damages due to FDCPA violations.

April 11, 2011

Can a personal loan from a friend or family member get discharged in a bankruptcy?

Almost any debt that you owe when you file a Chapter 13 Bankruptcy or a Chapter 7 Bankruptcy can get discharged in a Florida bankruptcy. There are a few exceptions for debt that cannot be discharged. The most common examples of non-dischargeable debts are student loans, federal and state taxes, some government fines, alimony, child support, etc. A personal loan is dischargeable unless it is secured by collateral. In other words, if you secured the loan with your house or car or other item, then you must either pay the debt or surrender the item. If the price of the item does not cover the full debt, the deficiency amount would still be discharged. However, if the personal loan is unsecured, it can be totally dis-chargeable.

To discuss which loans will be dischargable and which will not, contact a Jacksonville Bankruptcy Lawyer to discuss your situation.