Venice, FL Bankruptcy Law Firms & Lawyers

Right now the law is in a state of flux regarding HELOCs which are not secured at all. Depending on the outcome of a case currently pending in the Eleventh Circuit Court of Appeals, you might want to consider a Chapter 13 case which would strip the HELOC from the property. This is tricky and a highly experienced bankruptcy attorney should be able to help.

Assuming that the attempted pick up was during their regular business hours, then it appears that they had no reason to keep the car an additional day. You shouldn't have to pay for the additional time. However, he may not release the car until you pay and must cops that you attempt to call to intercede will typically tell you that it's a civil matter; which means court intervention which could mean more time without your vehicle. Sometimes it's just not worth the fight or you can pay and then fight to be reimbursed the latter allows you to take the time needed to fight without go without the vehicle.

Prior to the bankruptcy code amendments in 2005, a Debtor could obtain a Chapter 7 discharge more than 6 years after a prior Chapter 7 case was filed, and a Chapter 13 discharge any time after a Chapter 7.  The amendments extended that waiting period to 8 years in the case of a subsequent Chapter 7 and 4 years in the case of a subsequent Chapter 13.   Additionally, the amendments created limitations on the automatic stay that normally exists upon filing a case.  The Stay is only in effect for 30 days after filing, if a second case is filed within one year of a prior case being open.  There is no Stay upon the filing of a third case in that one year period.  The second filing stay may be extended and often is.   It is also possible to seek imposition of the Stay in a third case but it is a very difficult burden to meet.   Based on your facts, you are not eligible for any type of discharge for at least 4 years after your last one.  However, if the proposed new case is purely to cure a secured default such as mortgage arrears, that is permissible with the limitations previously discussed regarding the Stay.