Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Bankruptcy
This section of our blog updates issues dealing with bankruptcy in the Middle District of Florida (based in Jacksonvile, but includes Gainesville, Ocala, Daytona, and the surrounding area)??and nationwide.????Whether it involves filing a??Chapter 7 or Chapter 13,??keeping??one's house, getting a fresh start from credit card debt, being laid off from work, repossession of homes, vehicles, cars, or??how the means test applies to you, we??seek to provide information that current and potential clients find useful.?? ??
"Unlimited" Homestead Exemptions: A Protection or a Potential Pitfall
June 10, 2009
The recent holding in Parks v. Anderson (2009 WL 1407786, D. Kan 2009) has the potential to send shockwaves through states which allow unlimited homestead exemptions. The federal code 11 U.S.C. § 522 provides for specific assets which are exempt in bankruptcy; however, leeway is also given to the states to apply additional exemptions. In Florida, for example, one's homestead exemption in their primary residence is unlimited rather than capped as in the federal code. In order to prevent pending bankruptcy debtors from using such states as a safe haven §522(p) caps the homestead at $125,000 for any interest acquired within a 1,215 day time period in any and all states.
One of the most important aspects of the filing of a bankruptcy claim is the timing of the claim.?? Many important rights can be gained or lost based on a proper timing of the claim.?? Contact the Arnold Law Firm's bankruptcy attorneys today to discuss your bankruptcy needs.??
