Key West Credit & Debt Lawyer, Florida

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Martin Hoffman
About | Practice Areas
Hoffman Larin & Agnetti, P.A.
909 N Miami Beach Blvd Suite 201 Miami, FL 33162» view map
Bankruptcy and Debt
Experience and Results Matter

Hoffman, Larin & Agnetti have offices in South Florida. We have a long list of satisfied, well-represented clients since our firm opened in 1975.

800-893-4280
1. Martin Hoffman Miami, FL
  Attorney at Law- FL, 1972
  St. John's University School of Law, J.D. 1972
2. AboutHoffman Larin & Agnetti, P.A.
  Experience and Results Matter
3. Practice AreasExpertise
  Bankruptcy and Debt
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LEGAL TERMS

CHAPTER 7 BANKRUPTCY

The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 b... (more...)

The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 bankruptcy takes from three to six months, costs about $200, and commonly requires only one trip to the courthouse.

COLLECTION AGENCY

A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the d... (more...)

A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the debt themselves, typically through letters (called 'dunning' letters) and telephone calls. Collection agencies are regulated by the federal Fair Debt Collection Practices Act. Unfortunately, too many collectors ignore this law.

IRS EXPENSES

A table of national and regional expense estimates published by the IRS. Debtors whose current monthly income is more than their state's median family income mu... (more...)

A table of national and regional expense estimates published by the IRS. Debtors whose current monthly income is more than their state's median family income must use the IRS expenses to calculate their average net income in a Chapter 7 case, or their disposable income in a Chapter 13 case.

MEANS TEST

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income ... (more...)

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy.

CCCS

See Consumer Credit Counseling Service.

CREDITOR

A person or entity (such as a bank) to whom a debt is owed.

FRAUDULENT TRANSFER

In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee --... (more...)

In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee -- for instance, when a debtor signs a car over to a relative to keep it out of the bankruptcy estate. Fraudulently transferred property can be recovered and sold by the trustee for the benefit of the creditors.

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

DEBIT CARD

A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can ... (more...)

A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can also be used at stores to pay for goods and services in place of a check. Unlike a credit card, a debit card automatically withdraws money from your checking account at the time of the transaction. Debit cards are regulated by the Electronic Funds Transfer Act.

SAMPLE LEGAL CASES

Rogers v. Rogers

... In addition to these few assets, the parties accumulated various debts during the marriage. Besides the loan on the Mountaineer, the parties had credit card debt totaling approximately $5000. The parties also owed $23,707.21 on the Wife's student loan. ...

Cunningham v. MBNA AMERICA BANK, NA

... 5th DCA 2004). Such a reading of the counterclaim demonstrates that Mr. Cunningham's claims for violations of the FDCPA and the FCCPA, and for abuse of process, attack MBNA's alleged misuse of the arbitration process to secure payment of a credit card debt. ...

Morgan v. Wilkins

... any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent they receive an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (Emphasis added). ...

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Key West Credit & Debt Lawyer, Florida

Sponsored Law Firm

Hoffman Larin & Agnetti, P.A.

SPONSORED LAWYERS

R. Bruce Wallace

Cara Anne Higgins

Bonnie J Helms

Alan A Fowler

Loriellen Kelley Robertson

Margaret Mary Gutierrez

David Paul Horan

Wayne R Dapser

Christopher Benson Deem

Christopher Benson Deem

TIPS

LEGAL TERMS

CHAPTER 7 BANKRUPTCY

COLLECTION AGENCY

IRS EXPENSES

MEANS TEST

CCCS

CREDITOR

FRAUDULENT TRANSFER

PRESUMED ABUSE

DEBIT CARD

SAMPLE LEGAL CASES

Rogers v. Rogers

Cunningham v. MBNA AMERICA BANK, NA

Morgan v. Wilkins

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