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 …

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 …

Income Tax Liability In Bankruptcy For Appreciated Property

Jon Alper Bankruptcy

People avoid filing Chapter 7 bankruptcy if they have non-exempt property with significant equity. Yet, consider a debtor who owns real estate that has appreciated and therefore has a built in liability for capital gain. If that debtor files bankruptcy could the IRS hold him personal liable after bankruptcy for the income tax liability associated with the gain in the …