Hypothetical Situations

I have a second mortgage, HOA Lien and/or judgment on my homestead

  • Q. What do I do to get rid of it?
  • Q. Do I have to file a motion?
  • Q. Where do I get the motion?
  • Q. What determines a secondary lien can be stripped off?
  • Q. How do I do the proper service to parties?
  • Q. How does it have to be served properly?

I want to modify my mortgage

  • Q. How do I go about that?
  • Q. How do I propose the payment in the plan?
  • Q. How do I request mediation?
  • Q. What is proper service of the Motion for Referral to Mediation?
  • Q. How long does it take?
  • Q. What is the mediator’s role?
  • Q. Will the mediator help me with the loan documentation?
  • Q. How much do I have to pay the mediator?
  • Q. What documents do I have to give to my mortgage company?
  • Q. Do I need to have a attorney represent me at the mediation?

I need to add a creditor or reaffirm a debt

  • Q. How do I reopen my case?
  • Q. What does it mean to reaffirm a debt?
  • Q. What if I reaffirm a debt and then later can’t afford the payment?
  • Q. Is there a filing fee?
  • Q. How do I add a Creditor?
  • Q. How long after the case is reopened do I have to file the form to add a creditor?
  • Q. Should I reopen a case to reaffirm a debt?
  • Q. What information should I get from the Creditor before I reaffirm?
  • Q. Should I reaffirm an unsecured debt?

I need to file a Chapter 13 plan

  • Q. What is a Chapter 13 plan?
  • Q. Where do I get the plan form?
  • Q. How do I list my creditors?
  • Q. Which creditors to I have to pay in the plan?
  • Q. How do I propose the amount of the mortgage payment if I am trying to do a mortgage modification?
  • Q. When do the payments start?
  • Q. Where do I send my payments?
  • Q. What form of payment do I have to send?
  • Q. Can I pay online?
  • Q. What if my circumstances change and I can no longer afford to make my plan payments?

I need to prepare my list of debts and creditors

  • Q. Do I have to list all my debts?
  • Q. How do I find out what my debts are?
  • Q. What happens if I forget to list a creditor?
  • Q. What if I don’t know the address of a creditor?
  • Q. I want to keep my car, do I have to list it?
  • Q. I want to keep paying my family members back, do I have to list them?
  • Q. I want to keep paying my doctors, do I have to list them?
  • Q. What format does the Court require my list of Creditors to be filed in?

I want to keep my car

  • Q. Doesn’t the law say I get one car to go to work?
  • Q. Do I have to keep paying my car payments?
  • Q. What if I can’t afford to make my car payment?

I want to keep my house

  • Q. Will filing bankruptcy stop the foreclosure proceeding?
  • Q. Can I modify my mortgage?

A Creditor filed a Motion for Relief from Stay

  • Q. What does that mean?
  • Q. Do I have to respond to the motion?
  • Q. If I do respond will there be a hearing?
  • Q. Do I have to attend the hearing?
  • Q. Do I have to get my payments current?
  • Q. I am giving up my house or car, does it matter if they get relief from the stay?

I am considering filing for bankruptcy

  • Q. Can I file if I’ve already filed before?
  • Q. Do I qualify to file for bankruptcy?
  • Q. What is the difference between a Chapter 7 and a Chapter 13?
  • Q. What is the means test?
  • Q. What are the median income amounts for Florida?
  • Q. If I’m not eligible for a discharge, should I file anyway?
  • Q. What is the automatic stay?
  • Q. What are the credit and financial counseling requirements?
  • Q. What is the 341 meeting?

My case was dismissed for failure to provide information

  • Q. What documents are required in a Chapter 7 case?
  • Q. What documents are required in a Chapter 13 case?
  • Q. What are the consequences for not filing documents timely?
  • Q. How do I reopen my case?
  • Q. Am I required to provide tax returns post petition?

"How wonderful it is that nobody need wait a single moment before starting to improve the world."

-Anne Frank, Diary of a Young Girl

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