Limitations Period Applicable Domesticated Foreign State Judgments

Jon Alper Creditor Rights

One of my clients had a judgment issued against him in 2009 in a Georgia civil case. The client retired and moved to Florida in 2016. Upon discovering my client changed residence to Florida move the creditor domesticated the Georgia judgment in Florida in 2016. Georgia law provides that Georgia judgments expire in no longer than 10 years (or, 2019 …

Court Says Joint Tax Refund Is Tenants By Entireties Asset

Jon Alper Tenants By Entireties

Courts have discussed, and disagreed, whether a individual judgment debtors interest in a joint marital federal tax refund is protected tenants by entireties property. The U.S. Supreme Court held that the IRS may garnish a joint marital tax refund to collect taxes owed by either spouse individually. Some bankruptcy courts in Florida, citing the U.S. Supreme Court, found that an …

Joint Tax Refunds May Be Tenants By Entireties Property

Jon Alper Tenants By Entireties

Courts have discussed, and disagreed, whether a individual judgment debtors interest in a joint marital federal tax refund is protected tenants by entireties property. The U.S. Supreme Court held that the IRS may garnish a joint marital tax refund to collect taxes owed by either spouse individually. Some bankruptcy courts in Florida, citing the U.S. Supreme Court, found that an …

Lasting Effect of Denial of Bankruptcy Discharge

Jon Alper Bankruptcy

Here is an example of the importance of being truthful on your bankruptcy petition if you file bankruptcy. A man consulted with us about filing Chapter 7 bankruptcy in Florida after he had previously filed in another state five years ago. In the previous filing, the court denied the client his Chapter 7 bankruptcy discharge because he had fraudulently misrepresented …

Can Same Person Be Beneficiary And Sole Trustee of Irrevocable Trust?

Jon Alper Estate Planning

Our client wanted to serve as trustee of an irrevocable trust created for his benefit. The client’s general attorney cautioned him that he could not serve simultaneously as a beneficiary and as a trustee, and that if he did occupy both positions the trust would automatically dissolve because of the legal “doctrine of merger.” The client’s wife proposed to create …

Trust Amendment Can Be Fraudulent Transfer

Jon Alper Fraudulent Transfers

An attorney called for help collecting a debt. The debtor had owned a piece of commercial property in a revocable living trust that had been established as part of an estate plan. The trust provided that the property would pass to the debtor’s children after her death. This attorney on behalf of her client filed a lawsuit against the debtor. …

Update On Location of Your Banks and Brokerage Accounts

Jon Alper Writ Of Garnishment

Last month, April 2018, I wrote a post about the location of debtor’s financial accounts for legal purposes such as garnishment. I stated then that I thought most accounts with national firms would be deemed to be located where the debtor resided. I had received confirmation from one such firm by email. I think the first place you should look …

Should I Transfer My Florida Homestead To My Living Trust?

Jon Alper Estate Planning

Clients who prepare living trusts for estate planning frequently will ask me whether they should transfer the legal title of their Florida homestead property to the name of their living trust. If the property is transferred to the trust the successor trustee will transfer or dispose of the property after the death of the trustmaker as directed by terms of …

New Florida Law Curtails Mortgage Foreclosure Defense By Bankruptcy Debtors

Jon Alper Bankruptcy, Mortgage Foreclosure

During the mortgage crises of 2008 through 2010 many of my clients were desparate to hold on to their homes that were under water and facing foreclosure. Some attorneys began to specialize in the area of foreclosure defense. These attorneys were skilled and delaying bank foreclosure actions during which time the homeowner occupied their home without making mortgage payments. People …