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Atty. Jordan E. Bublick, 1221 Brickell Avenue, 9th Fl., Miami, Florida 


In a bankruptcy case filed in Florida, property held under the Florida law of tenants by the entireties - between a husband and wife - is usually considered as exempt from the bankruptcy estate to the extent of the claims of creditors against only one of the two spouses.

Pursuant to 11 U.S.C. section 522(b)(3)(B), an individual is allowed to exempt from the bankruptcy estate "...any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety...to the extent that such interest...is exempt from process under applicable nonbankruptcy law. 11 U.S.C. section 522(b)(3)(B).

Six Characteristics of Tenants by Entireties Property

In a recent case before a Florida bankruptcy court, the court reviewed that the six characteristics of property held tenants by the entireties in Florida.  These six characteristics are:

1. unity of possession
2. unity of interest
3. unity of title 
4. unity of time
5. survivorship 
6. unity of marriage

In this case, the Florida bankruptcy court did not have a problem in finding exempt certain personal acquired as Florida residents under the Florida law of tenancy by the entireties.  
New Jersey Property

But the question was presented to the Court as to the tenants by the entireties exemption of certain property obtained by a debtor while they were living in New Jersey and before the bankruptcy case was transferred from New Jersey to the Florida bankruptcy court. 
The court found that the status of property as tenants by the entireties created under New Jersey tenants by the entireties law, must be determined under New Jersey law which was the state in which the property was acquired. The court noted New Jersey statutes does provide for the holding of personal property as tenants by the entireties if certain requirements are met per New Jersey Statutes section 46.3-17.2.  In this instance, the bankruptcy court found that debtor did not meet the statutory requirements as to the household goods as the debtor did not produce a written instrument as evidence. In any event, the court apparently noted that in New Jersey,  property owned as tenants by the entirety is not exempt from the claims of an individual's sole (non-joint) creditors as is the case in Florida.

(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications

For many of our Oregon and Washington clients, the debt collection process is a bit of a mystery. What does a charge off mean? How are these collection companies getting paid? Is that a law firm or a company that is after me now? The information below might help you figure that out. More that anything I want to give you a feel for where you are in the debt collection process. Keep in mind that if you fall anywhere in the debt collection process continuum, it is probably time to seriously consider bankruptcy and get out of the debt collection process all together.
The debt collection process starts when a company issuing credit to a Washington or Oregon consumer determines that the account is delinquent and that the consumer must be contacted about the debt. In an effort to obtain payment, many creditors have their own in-house collectors contact you via telephone calls, collection letters (often referred to as “dunning letters” or “dunning notices”) or email.
If in-house collectors are not successful in collecting from you during a limited period (usually between six months and a year), the creditor will charge off your account and place it with a third-party collector – either a contingency collection agency or a law firm specializing in collections.
If the creditor places your account with a contingency agency, the creditor and agency will agree to a specific period (anywhere from several weeks to several years) for the agency to hold the collection account. If the contingency agency is successful in collecting your debt, it will be paid a portion of the amount collected. Thirty percent is the current industry standard.
If the account is placed with a collection law firm, the firm may file suit against the consumer to collect. Collection law firms generally are paid either on an hourly basis or on a contingent fee basis. Almost all of these firms engage in the same collection practices as contingency agencies, such as placing telephone calls and sending collection letters. If a collection law firm is successful in collecting, it generally is paid a portion of the amount collected. Rather than being paid contingency fees or hourly fees, some collection law firms also purchase debts and derive revenue from collections through judicial or non-judicial processes.
If a creditor sells an account to a debt buyer, the account usually is sold as part of a large portfolio. Once a debt buyer has acquired a portfolio, it does one of the following: (1) retains the entire portfolio and collects on it; (2) retains and collects on part of the portfolio and resells the remaining accounts; or (3) resells the entire portfolio. To the extent that a debt buyer retains all or part of a portfolio, it may collect using its own collectors or place an account with a contingency agency or collection law firm.
Collection accounts are purchased and resold by a number of different debt buyers over a period of years before all collection efforts finally cease. Debt buyers generally pay 5% or less of the amount owed on delinquent accounts they purchase. The amount they pay varies based on a number of factors, key among them being the age of the debt and the number of collectors who have already attempted to collect it. The longer an account has been delinquent and the greater the number of collectors who have already attempted to collect on it, the less likely it is that the consumer will pay the debt. As the likelihood of payment drops, so does the amount debt buyers are willing to pay for the debt. Ultimately, the process of selling and collecting on an account continues until either the debt is paid or the cost of collecting on the debt exceeds its expected value.
If you have any questions about the debt collection continuum and what do do about it, please call me or set an appointment at either our Portland or Salem Law Office. I look forward to hearing from you.
The original post is titled Oregon and Washington Debt Collection Process , and it came from Portland Bankruptcy Attorney | Northwest Debt Relief .

The concept of a Florida "homestead" arises in three different contexts under Florida law:

1. exemption from taxation per Art. VII, Section 6, Fla. Constit.
2. exemption from forced sale before and at death per Art. X, Section 4(a)-(b), Fla. Const. and 
3. Restrictions on devise and alienation, Art. X, Section 4(c), Fla. Const.

It should be noted that the definition of homestead property for Article VII, section 6 purposes (taxation) is not the same as Article X, section 4 (forced sale and devise and alienation).

Art. X, Section 4 Homesteads 

Neither the Florida Legislature nor the Florida Constitution provide a definition of what is homestead property for purposes of Art. X, Section 4 (a)(forced sale and devise and alienation). Florida courts hold that the following requirements must be satisfied for property to be determined as homestead property:

• the property must be owned by a "natural person"
• the person claiming the exemption must be a Florida resident who establishes that he intends to make the real property his permanent residence
• the person claiming the exemption must establish that he is the owner of the property and 
• the property claimed as the homestead must satisfy the size and contiguity requirements of the constitution. 

Florida courts also have held that the Florida Constitution does not limit the types of estates that are eligible for homestead status. Therefore, the exemption may generally attach to any estate in land whether it is a freehold or lesser estate. A life estate has been expressly found to be among the property interests eligible for homestead status. Florida court have held that real property held in trust can be impressed with the character of homestead, including revocable and irrevocable trusts.Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055

New York State Court Of Appeals Chief Judge Jonathan Lippman is fed up with all the flawed debt collection lawsuits filed in New York. So in a remarkable and unexpected win for consumers, he’s taken steps to make the process fairer.
As of June 15, 2014, new court rules and protocols will go into effect making it harder for debt collection companies to win default judgments.
Judge Lippman, during a speech in Albany, said that more than 130,000 debt collection lawsuits filed each year in the state were riddled with problems that compromised the consumer’s rights. Many people are never served with papers, and learn about a judgment only when their bank accounts are frozen or their wages are garnished.
In addition, the judge found that many debt collection lawsuits filed in New York are based on inadequate documentation as a result of the multiple times that the debt has been sold before the lawsuit filed.
This is something I’ve found for years, with people coming to me to file for bankruptcy because it’s the only way they could get their bank accounts released. Though they could make a motion to the civil court to set aside the judgment, many of my clients over the years have said that doing so would take too much time and money.
Between a rock and a hard place, they ended up in bankruptcy court.
Debt buyers purchase hundreds if not thousands of delinquent credit card debts for pennies on the dollar. They then file lawsuits to collect on those debts, usually without any documentation to prove that the consumer is actually the responsible party.
Under the new rules, effective as of June 15, 2014, creditors will be required to submit documents detailing the chain of ownership of the debt, as well as affidavits from people having personal knowledge of that history.
In other words, robo-signing is dead.
Creditors will need to swear that the statute of limitations to collect on the debt has not expired.
Sewer service will become a thing of the past as creditors will now have to give the court a stamped envelope bearing the debtor’s address. The court will send out a notice of the lawsuit before a default judgment is entered.
Will this end the abusive practices of debt buyers and creditors who use the New York court system to strong arm consumers? Probably not entirely; after all, creditors and debt collectors are adept at finessing their procedures to maximize their profit.
It is, however, a step in the right direction.