Creditor Can Cause Sheriff To Take Forcibly All Debtor’s Personal Possessions

Jon Alper Creditor Rights

Clients sometimes ask me whether a judgment creditor can take personal property in their home such as furniture and jewelry. The answer is that a creditor can obtain what is known as a “break order” to authorize the sheriff to remove your personal property. The Florida homestead exemption does not extend to protect tangible personal items inside the homestead. Some …

Supreme Court: Fraudulent Transfer Debts Not Dischargeable In Bankruptcy

Jon Alper Uncategorized

A bankruptcy debtor cannot discharge debts incurred by false representation or actual fraud. Appellate court decisions split as to whether a debt incurred as part of a fraudulent transfer of assets is included in the category of “actual fraud” that may not be discharged in bankruptcy. Some courts have held that actual fraud in the bankruptcy Code refers to common …

Exemption of Homestead Proceeds Invested In A Brokerage Account

Jon Alper Homestead Exemption

The concept of an exempt “homestead account” is a well-settled legal concept in Florida. It holds that proceeds from the sale of a homestead remain exempt after deposit in a bank account for a reasonable time while the owner is searching for a new homestead. Most people concerned with protecting homestead sales proceeds keep the money in a separate bank …

Court Says Independent Contractor Can Assert Head of Household Exemption

Jon Alper Writ Of Garnishment

Clients planning for asset protection sometimes debate whether they should work as an employee or as an independent contractor. Employee wages are subject to a continuing wage garnishment, but the Florida Statute 222.11 clearly exempts wages paid to one who is head of household. Payments to independent contractors may be garnished, but garnishment is more difficult because there are no …

Bankruptcy Exemption Of State Crime Victim Compensation

Jon Alper Florida Exemptions

One of my clients disclosed that he was expecting to receive state money to compensate him for his injuries sustained as a result of a criminal attack in his home by an intruder. He had many debts, some of which were related to the crime including medical bills. He is interested in discharging all his debts with a Chapter 7 …

Revised Proceedings Supplementary Statute Procedures

Jon Alper Creditor Rights

Proceeding Supplementary under Section 56.29 of the Florida Statutes provide judgment creditors important collection tools. Most fraudulent transfer cases and other aggressive collection remedies are prosecuted under the scope of proceedings supplementary. The Florida Legislature has passed a significant revision to the statute. The governor approved the new statute. Under the existing law a creditor may file a motion requiring a …

Statute of Limitations After Discovery of A Fraudulent Transfer

Jon Alper Uncategorized

Creditor actions for fraudulent transfers must be brought within four years of the transfer pursuant to Florida Statute 726.110. There is a “savings clause” that gives creditors no less than one year to file an action after they discover the transfer regardless of whether the transfer occurred more than four years ago. There is a difference between discovery of a …

Onine Will Form Leaves Asset Protection Disaster

Jon Alper Uncategorized

There are many websites that sell estate planning forms including wills and living trusts. Some websites help you create forms by filling in blanks. You can save a lot of legal fees by doing your estate planning forms yourself with the help of online services. Sometimes, the forms you create for your own family do a good job and save …