By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC On November 12, 2014, the New York Times published an article entitled “Debts canceled by bankruptcy still mar consumer credit scores.” In the article, the author, Jessica Silver-Greenberg, explains that “Tens of thousands of Americans who went through bankruptcy are…
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U.S. Supreme Court to review Eleventh Circuit ruling where Chapter 7 debtors are allowed to strip off second mortgages
By Alfred Villoch, III, Esquire, with Savage, Combs & Villoch, PLLC On November 17, 2014, the United States Supreme Court granted a petition for writ of certiorari in two cases: Bank of America, N.A. v. Caulkett (In re Caulkett), 566 Fed. Appx. 879, 2014 U.S. App. LEXIS 9407 (11th Cir. Fla.,…
In Florida, can a creditor garnish my wages?
By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC So you owe money to a creditor, like a credit card company, and the creditor sues you. Eventually, a court awards your creditor a money judgment, say for $10,000. Can the creditor now garnish your wages in an effort to…
I haven’t been able to pay my bills. Could I lose my car?
By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC If you miss car payments, the company that loaned you the money to purchase the car can likely take back your car in what is called “repossession.” The right to take back your car for nonpayment usually comes from the…
Is a bad faith action still viable when an insured defendant files bankruptcy?
By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC Johnny Smith accidentally runs a red traffic light and slams his pick-up truck into a motorcyclist, Drew Lenders. Sadly, Drew was not wearing a helmet and suffered significant head trauma and memory loss. Drew’s hospital bill alone is $50,000 He…
So far in 2014, consumer bankruptcy filings are down 12 percent nationwide.
By Alfred Villoch, III, Esquire, with Savage, Combs & Villoch, PLLC Consumer bankruptcy filings are down 12 percent so far in 2014, according to Epiq Systems, Inc., and as reported by the American Bankruptcy Institute. See “Bankruptcy Filings Through First Three Quarters of 2014 Fall 12 Percent from 2013, Commercial…
Is marijuana legal in your state? Don't count on bankruptcy protection if your weed business fails.
By Alfred Villoch, III, Esquire, with Savage, Combs and Villoch, PLLC A federal judge recently dismissed a bankruptcy case filed by a marijuana business owner in Colorado, according Tom McGhee of the Denver Post. Why? Because marijuana remains illegal under federal law and that causes major impediments in obtaining relief under…
I filed bankruptcy. What is the 341 meeting of creditors?
By Alfred Villoch, III, with Savage, Combs and Villoch, PLLC This meeting is named after section 341 of the bankruptcy code. It’s usually held about one or two months after you file for bankruptcy. You are required to attend this meeting in order to successfully complete bankruptcy and discharge your…
Tampa Bay Business Journal reports that Arigato Japanese Steakhouse, LLC, abruptly closes the doors of its three Tampa Bay restaurants.
By Alfred Villoch, III, at Savage, Combs & Villoch, PLLC Arigato Japanese Steakhouse, LLC, a restaurant with three locations in the Tampa Bay area, including a popular location in the Carrollwood area, has permanently closed its doors, according to Eric Snider with the Tampa Bay Business Journal. The restaurant was…
Florida's Homestead Exemption: One reason the SEC struggled to collect $62 million from Paul Bilzerian.
By Alfred Villoch, III, at Savage, Combs & Villoch, PLLC Today, the Wall Street Journal ran an article entitled “A Maze of Paper. SEC Judgment against Raider Paul Bilzerian: $62 Million. Collected: $3.7 Million.” In the article, Michael Rothfeld and Brad Reagan write how Paul Bilzerian was a corporate raider in the…