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As a Miami Florida attorney practicing real estate law, Lisbet Campo, Esq. provides legal counsel and representation to parties involved in commercial and residential real estate transactions. If you have a legal issue in Miami-Dade, Florida, or anywhere in the State of Florida contact attorney Lisbet Campo to discuss your situation.

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Archive for December 28th, 2009

Chapter 11 Bankruptcy

Monday, December 28th, 2009

Chapter 11 is a bankruptcy chapter available to individuals, sole proprietors and corporations who want to reorganize and repay debts. Chapter 11 can also be used by large farming organizations that do not qualify under Chapter 12; a bankruptcy chapter exclusively for family farmers and fishermen. Chapter 11 requires debtors to carry a minimum debt load of $336,900 of unsecured debts and a maximum of $1,010,650 in secured debts. Debtors filing for Chapter 11 bankruptcy are required to submit a proposed repayment plan with creditors during their 341 creditor meeting. This meeting usually takes place within 30 to 90 days after submission of the bankruptcy petition. The business is permitted to continue operations during the debt restructure phase of Chapter 11. Referred to as ‘debtor in possession’, this period grants debtors with the rights of a bankruptcy trustee. This status allows the debtor in possession to sell or trade business assets without obtaining court permission. The debtor in possession is also allowed to obtain unsecured and secured credit to continue business operations. Chapter 11 bankruptcy provides ‘avoidance powers’ to debtors. Avoidance powers are quite complex and generally require the services of a bankruptcy lawyer to ensure debtors adhere to bankruptcy laws. Avoidance powers encompass property transfers made within ninety days prior to submission of chapter 11 bankruptcy petitions. When transferred property allows creditors more than they are entitled to, the debtor in possession has the right to void the transfer.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Bankruptcy
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Bankruptcy For Tax Debt

Monday, December 28th, 2009

Bankruptcy is well known to have been used by people that cannot pay their debts to commercial organisations. What a lot of people don’t realize is that bankruptcy can also be used against government organisations. The major revenue department of the U.S. government is the IRS and there are a lot tax payers that find it hard to cover their tax liabilities. One possible option is to file for bankruptcy on your tax debt. There are two chapters that maybe used for bankruptcy, Chapter 13 and Chapter 7. Chapter 13 is called a reorganization bankruptcy which basically allows you a period of 3 to 5 years to get your financial affairs in order, whilst paying back a reduced amount of outstanding tax during this period. Usually any outstanding tax will incur interest payment penalties. The tax payments will not be reduced if the IRS has already issued a tax lien prior to your bankruptcy. This is because a tax lien becomes a secured debt. Chapter 7 is called a liquidation bankruptcy and can be used for debt that is over 3 years old. Filing a chapter 7 will remove your tax debt if the IRS has not issued a tax lien on you prior to you filing chapter 7. If the IRS have issued a tax lien to you, then the tax debt is held until you have removed yourself from chapter 7, when it will then become payable. You must plan out your financial obligations post chapter 7, before removing yourself from bankruptcy.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Bankruptcy, Tax
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Avoiding Foreclosure

Monday, December 28th, 2009

Real estate can be a tricky sea to navigate for homeowners, especially with respect to mortgages. Keeping up with steep monthly payments can be extremely challenging for many. The sub-prime crisis of 2008 had the economy flooded with cases of foreclosures. A foreclosure is the legal process that terminates an owner’s right to a property. Foreclosures typically follow payment defaults by the borrower and usually results in the property being sold at a public auction, with the proceeds being used to cover the mortgage debt. A foreclosure can have a severe impact on your life. The adverse impact can have several different facets, including:
-You lose the property: After having made the down-payment as well as some contribution towards your mortgage, you are left with no property in your name.
-Trauma of losing your home: You may have been living on the property. A foreclosure will necessitate that you move out. The label of being “homeless” can be extremely traumatic for you as well as for your partner and kids.
-Credit rating will deteriorate: A foreclosure tarnishes your credit record. Your credit score may be lowered by more than 300 points. Foreclosure unarguably has a devastating effect to your future credit availability. The option that you choose to take will impact your chances of securing a loan or getting credit cards for the next five to ten years.
-High interest rates: You have to list your foreclosure on any mortgage application that you make, which can significantly affect interest rates.
-Employment: Your chances of getting a job may be jeopardized because of a poor credit record. Foreclosures hamper your security clearance status, if you have one. It may be impossible to attain this status after a foreclosure. This means you will not be able to get a job in any federal or defense agency. You may find it difficult to keep a job following a foreclosure. A foreclosure can even be the reason for your termination from employment.
-You will not be eligible for any government insured loan for five to seven years after a foreclosure.

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Tags: Foreclosure
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Loan Modification

Monday, December 28th, 2009

It is no secret that the current economic situation is looking rather bleak and it presents some very real challenges for people who want to save their homes. These days, more people than ever are having to face the possibility of foreclosure. Because the economy doesn’t figure to make a major recovery for quite some time, these are the realities that home owners now and in the future are going to have to deal with. If you are wondering how to stop foreclosure, then you will be glad to know that there is some hope. Home owners don’t have to experience dire straits if they are smart about things.

If you are going to stop foreclosure, then one of the best ways is by getting in touch with a professional that can help you analyze the situation. All too often, home owners are too caught up in their own situations to really see the solutions that exist. Having another set of eyes can often make all the difference. Some people out there are versed in helping folks with home ownership problems and these people can turn you on to the loan modification process. With this process, the terms of your current mortgage can be changed to reflect the realities of the current economy.

The fact of the matter is that even home lenders understand that things are tough right now. That is why they are open to loan modification programs. The programs work in a typical way. They take a look at options ranging from extending the loan to deferring parts of the balance. If you are completely unable to make the current mortgage payments and foreclosure is imminent, then this might be the only option at your disposal. Modification is something that can be done with only a couple of meetings and the benefits are substantial after that.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Loan Modification
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Bankruptcy

Monday, December 28th, 2009

Say the word bankruptcy and anyone would know that it means something really bad. In the past years, bankruptcy has occurred to small and large businesses, and has caused a lot of people to lose their jobs and primary sources of income. If you think that it is something t6hat one can easily get out of, then you are wrong. Bankruptcy is a problem that can cause damages one has to deal with for life. As much as you can, do your best to stay away from its trap. There are ways for you to stay away from it, and you have to keep at the ways so that you would not get even close to it. Many people who were able to get out of bankruptcy did so after long periods of difficult times. There are different kinds of bankruptcy. Chapter 7 is the worst, and is also called total bankruptcy. This type would stay on your credit report for a long time of ten years. This is not all. You would have to file loan applications, job applications and other ways for you to get out of it, and these would be reflected on your personal record. Losing money really tarnishes one’s image. Many times, when you are trying to get a loan or a new job, you would be asked if you have every filed for bankruptcy. Even after years of its occurrence, you can still be haunted by it. You can avoid losing your money by getting the help that you need. There are financial counselors which you can talk with. They would help you and guide you every step of the way so that you would not fall to bankruptcy. You can also research and find ways of how you can avoid it. Much of it would actually depend on your ability to manage your finances and place your money where it would grow.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Bankruptcy
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