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Author: Team Flexsin

  • An Imprisonment Of 5 Years, Supervised Release Of 3 Years And Fine Of $250,000 For A Bankruptcy Fraudster

    An Imprisonment Of 5 Years, Supervised Release Of 3 Years And Fine Of $250,000 For A Bankruptcy Fraudster

    Call: 888-297-6203

    A resident of Massachusetts, John Pregent, was found guilty to one count of bankruptcy fraud in the bankruptcy case of his business, Technical Fabrications, Inc. (TechFab). He was found guilty of scheming to defraud creditors.

    He had filed for a Chapter 7 bankruptcy (only Chapter 7 and 11 can be filed for by businesses) on July 26, 2010, in the Massachusetts District Court, with the intention of getting the debts of the business discharged. Normally there wouldn’t have been any problem, but before filing for bankruptcy, Mr. Pregent had sold the valuable assets of his company, TechFab, to a newly-formed company for which the payment was done directly to him. He had done this in order to prevent his business creditors from getting any money by the liquidation of those assets. It took around two years to prove him guilty as he was also unable to disclose the transfers, even under the perjury’s penalty. Unfortunately, the FBI got involved in this case, which led to Pregent being found guilty of defrauding with imprisonment of up to 5 years, supervised visitation of three years and a hefty fine of $250,000. His sentencing took place on May 5, 2012.

    Our legislators had designed bankruptcy in order to help the one in need of it while keeping the rights and needs of the creditors in mind. Thus, any attempt to cheat the bankruptcy system, which is already so liberal, is demeaning and exploitative. Such things give a bad name to everyone who require protection through bankruptcy.

    To know more about the process of bankruptcy and to save yourself from committing any unintentional defraud, it is better to consult an experienced bankruptcy attorney. You can contact the Recovery Law Group (best in Los Angeles & Dallas, TX) at www.staging.recoverylawgroup.com or on 888-297-6203.


      *Are you more than 60 days past due on your mortgage?

      *Do you own a home?

      Are you currently working?

      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

    • Co-Debtors And Authorized Users In Bankruptcy

      Co-Debtors And Authorized Users In Bankruptcy

      Call: 888-297-6203

      It often happens that people filing for bankruptcy jointly owe debts with other people. Whether these people are Authorized users or Co-debtors, determines their rights and obligations.

      A co-debtor is a person who signs a debt with another person. This means that a co-signer is a co-debtor. There is a separate section for co-debtors in all the bankruptcy petitions.

      In bankruptcy, your personal liability on a debt can be removed but the liability of your co-debtor remains the same. Thus, the co-debtors get a notice when a bankruptcy is filed and their obligation to pay remains intact while the person filing for bankruptcy can be free from those liabilities.

      On the other hand, authorized users are the ones who only have the authorization to use the debtor’s credit. Thus, they are different from co-debtors. Their credit report doesn’t show any obligations as they don’t use their own credit. In most of the states, including Florida, these users have no debt liabilities despite signing for the transactions. So, they no liability even in case of a bankruptcy filing by the debtor.

      Owing debt liabilities are not always distinct. Thus, it is advisable to hire an experienced bankruptcy attorney before making any decisions regarding bankruptcy. You can visit www.staging.recoverylawgroup.com or call on 888-297-6203 to consult the Recovery Law Group, the best bankruptcy attorneys of Los Angeles & Dallas, TX.


        *Are you more than 60 days past due on your mortgage?

        *Do you own a home?

        Are you currently working?

        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • MERS In Trouble With The New York Court Of Bankruptcy

        MERS In Trouble With The New York Court Of Bankruptcy

        Call: 888-297-6203

        When a bank wants to repossess or foreclose a property from a bankruptcy filer, it must be relieved from the automatic stay (given by 11 USC §362) by the court. The lenders can resume their collection activities once they get permission from the court.

        Select Portfolio Servicing (SPS) wanted to foreclose a mortgage on a property of a Chapter 7 debtor which was in the trust hold of First Franklin Mortgage Loan Trust. The debtor had objected to the SPS’s motion for automatic stay relief, saying that the Mortgage Electronic Registration System (MERS) was unable to prove an enforceable right towards the property because of a lack of enforceable and valid interest in the mortgage.

        There are many requirements of recording for secured loans in the states, “Perfection” being one of the most common terms. In order to attach a lien to the subject property, it must be perfected. “Perfection” and “Recorded with the County (or state)” are synonymous with one another. In case of improper recording, the lien does not get attached to the property and is unsecured like a credit card. This means that there will be no mortgage payment and no taking of the homestead by the lender.

         The recording of liens and any subsequent assignments of interest was done by the banks for years. However, the banks started selling mortgage notes a number of times by 1995. Consequently, a publicly-traded company, MERS, came into being which offered a new solution for the issue of assignment recording to the bank: proper recording of the initial lien and then assigning the interest to MERS. The buying and selling of the mortgage notes in the house will then be done by MERS without assignment recording. The nomination of servicers for the collection of unpaid mortgage notes will also be done MERS. The things became much easier for the lenders because of this method.

        The New York court had considered the issue and had blatantly stated, “This Court does not accept the argument that because MERS may be involved with 50% of all residential mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that this process does not comply with the law.” The entity, requesting permission for foreclosure, must be the note and mortgage holder as per the court’s requirement. However, in this case, MERS and the U.S. bank lacked the evidence of valid holding of the note or mortgage. They couldn’t even prove valid recording of transfers with the county or state which is required to remain secure. The court of New York also made it compulsory for all MERS involving loans to prove their ownership of both mortgage and note before asking permission for relief from the automatic stay.

        Moreover, there are huge implications involved beyond this single bankruptcy case. In case, notes and mortgages are lost and MERS is found to be an invalid way of lien assignment, it will cause an absence of basis of perfection for thousands of loans and all those mortgage liens will become unsecured debts. In such circumstances, the borrowers in Florida would be able to file a Chapter 7 bankruptcy, get the unsecured mortgages discharged and keep their house. However, the banks would be severely affected and would also suffer a loss of millions of dollars of home backed loans.

        To learn more about secured assets and MERS in bankruptcy, contact the Recovery Law Group (best in Los Angeles & Dallas, TX) at www.staging.recoverylawgroup.com or on 888-297-6203.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • No Requirement Of Debt To File For Bankruptcy

          No Requirement Of Debt To File For Bankruptcy

          Call: 888-297-6203

          People of Jacksonville, Florida, are often confused about the amount of debt that they must owe in order to qualify for bankruptcy. However, there is no particular amount of debt required to be eligible to file for a Chapter 7 or a Chapter 13 case, though there is an upper limit in Chapter 13 (over a million dollars).

          One of the first questions which a bankruptcy attorney might ask you on meeting you for the first time is that why do you think you need bankruptcy? You will then have to answer some general questions regarding your income, liabilities, assets, and expenses so that the attorney can analyze your financial situation. Sometimes, bankruptcy might not be the best option for you. In that case, you should take advice from your attorney and then make any decisions.

          A person can file for bankruptcy irrespective of whether he or she owes a hundred thousand dollars or just a hundred dollars. The question is not about the eligibility, it is about the need to file for bankruptcy at all. It is not an easy decision to make. The process of bankruptcy can be stressful and embarrassing. No one actually wants to be a bankruptcy filer. Unfortunately, bankruptcy is the only best option at times. For example, Abraham Lincoln had to file for bankruptcy after the failure of his grocery store. He must have surely considered other options before settling for bankruptcy. Later on, he became one of the most famous presidents of the United States.

          Bankruptcy was enumerated in Article 1, Section 8 of the Constitution, with an effort to recognize the need to have a fresh start for the people with heavy debts. With bankruptcy, no one needs to remain a slave to their creditors. You can consult the best bankruptcy attorneys of Los Angeles & Dallas, TX, for best and proper guidance in matters of bankruptcy. Visit www.staging.recoverylawgroup.com or call on 888-297-6203.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • Bankruptcy And Personal Property

            Bankruptcy And Personal Property

            Call: 888-297-6203

            Filing for bankruptcy in Jacksonville, Florida, exempts a certain amount of the filer’s personal property from the collection by creditors. Normally, debtors are allowed to keep the personal property worth $1000, vehicle equity worth $1000 and then either a homestead or an additional personal property worth $4000.

            A property needs to be under half-acre, if it is in a municipality, and up to 160 acres, if it is in an incorporated area, for it to qualify for a homestead.

            The value assigned to the property should be its approximate auction value, i.e., the value which you think you will be able to get for it at an auction in bankruptcy. It is difficult to evaluate your property and sometimes needs professional assistance. Creating a thorough list, of all that you own, is very important! The unintentional omission of valuable property might look like an attempted fraud. In some cases, an appraiser can pay a visit to your house for your property evaluation, though it happens rarely. However, you can select the property you want to keep, based on its value. You can elect something else for exemption in place of an old valuable property that you don’t want to keep.

            In some situations, a person might possess more property than can be exempted, especially, in the case of automobiles. If the value of a person’s car is $5000 and he or she keeps a home and personal property worth $1000, an exemption of $1000 of vehicle equity will only be left for him or her to apply towards the car. That will leave them with unprotected vehicle equity worth $4000, which can be seized by the trustee for the creditor’s benefit. In order to keep the car in this situation, a sum of money (about 85% of the un-exempt value) can be offered to the trustee. The cost involved in towing, storing and auctioning the repossessed item often leads to the acceptance of the discount by the trustee. The trustee can be paid the agreed amount of money, over a certain period of time (often as long as a year). This is known as a “buy-back” because you actually buy back the equity in your car from the trustee. In this case, a “Notice of Private Sale” will be filed by the trustee to indicate the selling of the vehi
            cle to the debtor.

            The kinds and amounts of exempted property differ in every state. Those exemptions are also supposed to be used to file residency requirements. The debtor must be a resident of Florida for at least 91 days out of the last 180 days, to use most of the state’s exemptions. The debtor must be the owner of the homestead property, which is worth more than $125,000, for at least 1215 days if he or she wishes to exempt it.

            It is advisable to consult an experienced bankruptcy attorney to learn about the best ways of structuring the bankruptcy exemptions and to own maximum property after bankruptcy. You can contact the best bankruptcy attorneys of Los Angeles & Dallas, TX, at www.staging.recoverylawgroup.com or on 888-297-6203.


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • Your Family Size Matters In A Bankruptcy

              Call: 888-297-6203

              When you file for bankruptcy, the Jacksonville Bankruptcy Court, considers the person who lives with you and the treatment of that person differs depending on the bankruptcy chapter you file for. This does not imply that the person’s character matters. The thing that actually matters is the dependency of that person on you for most of his or her care, and if he or she isn’t dependent on you, his or her regular household contributions will matter.

              Any money paid to or on behalf of the filer of bankruptcy is treated as a regular contribution to the household. For example, the payment of someone’s monthly phone bills by their mother. Such contributions free up some extra money for the debtor and thus the debtor has more money for paying bills. Every regular contribution counts, most of which are made by the people living in the same home-like girlfriends, boyfriends or roommates.

              Your bankruptcy attorney must have the basic information about your income and should also conduct the cursory means test, before deciding the best bankruptcy chapter option for you. The bankruptcy means test was created in 2005 by the U.S. Legislature. Debtors, who wish to file for a Chapter 7 bankruptcy, must pass this test, where they are required to show that their income is less than the average for their size of the family of that state. Generally, this test is required, but there are exceptions for some business holders and active military.

              The average income of American households by family size, known as the Median Income, is published by the IRS every year.

              You and your dependents determine your family size, which usually includes spouse, elderly parents, children or other relatives. Unmarried partners and roommates are exclusive to this list. While calculating the size of your family, you must include your household members as well as any income they make. So, if you and your spouse make $30,000 each, your combined income will be $60,000 for a family size of two.

              In Florida, the current average income for a family of two is $49,729. Thus, your higher income will make you eligible to qualify for a Chapter 7 bankruptcy. However, in case of a roommate, who pays $500 every month for bills, your $30,000, plus $6000 ($500 x 12 months) would make your household income. Now, you would be eligible for Chapter 7, as the average income in Florida for a family size of one is $40,766. Several deductions from the income of the debtor can complicate these calculations.

              The size of your family has a huge impact on your bankruptcy options. Thus, it is better to take professional help to survive the complicated process of bankruptcy. Contact the Recovery Law Group (Los Angeles & Dallas, TX) at www.staging.recoverylawgroup.com or on 888-297-6203, for expert guidance on bankruptcy-related queries.


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • Does A Raise Affect Your Bankruptcy?

                Does A Raise Affect Your Bankruptcy?

                Call: 888-297-6203

                The effect of a raise on your bankruptcy depends on the bankruptcy chapter you file for and also on the amount of raise. In the legal world, the term “Material” is often referred to. In a legal sense, it means “Significant”. The term “Material Witness” can be used for describing a raise. A raise can affect your case if it is big enough to have a “material” effect on your income.

                To qualify for Chapter 7, apart from a few exceptions, you will have to prove that your income is less than the average income for the size of your family. This is known as a “Means Test”. Your income will be calculated by adding your income of the last six months and multiplying it by two. This will give a quasi-accurate report of your future income. In case the rise occurs after the filing of Chapter 7 and the qualification happened on the date of filing, there will probably be no effects of the raise on your case. However, in the Means test, you will have to report about the anticipated raise, in case you know it is coming.

                The effects of a raise are different in a Chapter 13 case. This type of case allows you to reorganize your debts. The secured creditors get the complete repayment and the unsecured creditors are paid the leftover disposable income. Getting a raise increase will increase your disposable income and the unsecured creditors will get paid more. Thus, you will be unable to use the raise for yourself, as that money will be filing the pockets of your unsecured creditors unless the case is over. However, if your unsecured creditors are getting the complete payments, the raise will help you in paying off everyone sooner, after which your case will close.

                For any further queries about the effects of raise in your bankruptcy case, contact The Recovery Law Group (Los Angeles & Dallas, TX) at www.staging.recoverylawgroup.com or on 888-297-6203.


                  *Are you more than 60 days past due on your mortgage?

                  *Do you own a home?

                  Are you currently working?

                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                • Aggressive Collection Practices of Chapter 7 & 11 Trustee

                  Aggressive Collection Practices of Chapter 7 & 11 Trustee

                  Call: 888-297-6203

                  The trustee’s compensation (chapter 7 & 11) is determined to be 25% of the first $5,000, 10% from $5,000 – $50,000, 5% from $50,000 – $1,000,000 and 3% of any turned over monies in a bankruptcy case, under 11 USC 326(a). Consequently, the trustees collect all of the debtor’s property with zest. In bankruptcy, the debtor lists all the property he or she claims to be exempt. The trustee must then object (with measurable facts) to these claims within 30 days, otherwise, the claims stand. Usually, the trustee states his disagreement with the assigned value of the debtor’s property. The debtor must then either modify the list of exempt property or argue the trustee’s evidence in a court hearing.

                  A property appraisal is the most common kind of evidence in such cases. The appraiser, hired by the trustee, must declare that he is not biased, holds no interest in the property of the debtor and has made a fair appraisal. The appraisal is presumed to be valid evidence if it is done by a qualified appraiser. The appraiser’s value will be valid unless the debtor refutes them with their own proof. Thus, the debtor might need to hire their own appraiser, at an unaffordable cost of $300-$500, due to bankruptcy.

                  Appraisers are actually disguised as auctioneers. They are encouraged to falsely increase the values of the appraised property so that they are hired by the trustee to auction the estate. Thus, they get the appraisal fee and their commission on auctioned goods. Such appraisers are hired by unethical trustees in order to obtain more estate property to increase the money in their wallets.

                  Usually, the trustee offers a buyback to the debtors, which allows them to buy their un-exempt property from the estate with the payment plan of over a year long. The debtors, often, agree to such an offer. In such a case, the selling of goods by the appraiser does not take place, but they are still paid the appraisal fee.

                  To overcome this situation, the debtors must either hire their own appraiser for $300-$500 or attempt a motion for the removal of the trustee from the case. Under 11 USC 324(a), the court is permitted to do so “for a cause”. Such motions are very serious and difficult, as it involves the trustee’s removal from all the cases unless the entering of special order and also due to its extreme effects. A counsel can be hired by the trustee for defending, whose payment can be done from the estate’s assets. If the trustee proves the suit baseless and wins the case, they can sue the filer of the motion for sanctions.

                  It is always better for an individual debtor to pay off the unethical trustee, which is often cheaper than an appraiser’s and the hearing attorney’s fees combined.

                  It is better to consult an experienced bankruptcy attorney in case of the apparent ludicrous appraisal. Contact the Recovery Law Group at www.staging.recoverylawgroup.com or call on 888-297-6203.


                    *Are you more than 60 days past due on your mortgage?

                    *Do you own a home?

                    Are you currently working?

                    By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                  • Pre-Bankruptcy Payments can be Undone by Florida Trustees

                    Pre-Bankruptcy Payments can be Undone by Florida Trustees

                    Call: 888-297-6203

                    The trustees in Jacksonville, Florida, can recover the funds made to the creditors by the debtors within 90 days of the bankruptcy filing, under the theory of “Preferential Payment”. This is done so that there is an equal distribution of those funds among all the existing creditors, which was earlier given only to one preferred creditor by the debtor.

                    In case the creditor is considered to be an “inside” (a relative or a friend) of the debtor, the 90 days period extends to 2 years. This 2 year period can also be extended in case an intentional fraud is found on behalf of the debtor.

                    The courts are unable to agree on whether a debtor is allowed to use the available exemptions on pre-bankruptcy payments made to creditors or not. Exemptions exempt some of the property of the debtor, which they are allowed to keep in bankruptcy. Under some jurisdictions, the debtor can use the remaining available exemptions for protecting their relative or friend from having to return the funds. Under other jurisdictions, those funds cannot be protected.

                    The debtor will always have the choice to file the money exemption on the petition and see if there is any objection on the debtor’s exemption claims from the trustee’s side. In case of no objection within 30 days of the bankruptcy filing, the claim of exemption will stand. For further assistance and guidance, contact the Recovery Law Group at www.staging.recoverylawgroup.com or call them on 888-297-6203.


                      *Are you more than 60 days past due on your mortgage?

                      *Do you own a home?

                      Are you currently working?

                      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                    • Using The Head Of The Family Exemption In Bankruptcy

                      Using The Head Of The Family Exemption In Bankruptcy

                      Call: 888-297-6203

                      In Chapter 13 bankruptcy, the head of the family exemption to garnish the wage is also applicable. According to this statutory exemption (Fla. Stat. Ann. § 222.11(1) (c)), any individual providing more than half of the support for child or for another dependent is considered to be the head of the family. This allows an exemption for all of the earnings of the head of the family from attachment or garnishment, providing their disposable earnings is not more than the statutory amount. Moreover, the exceeding disposable earnings might not be garnished without the individual’s consent in writing. Also, the amount for garnishment in such a case is limited by 15 U.S.C. § 1673.

                      In case, the filer’s dependent is a spouse, the dependent spouse’s income must not be sufficient to take care of him or herself without the financial support from the filing spouse. However, if the claimant’s dependent is capable of independently supporting him or herself, the claimant will not be eligible for this exemption. The purpose of this exemption is to protect the home of the family and the family unit so that the family does not become a public charge.

                      To know more about this exemption, visit Recovery Law Group or call on 888-297-6203.


                        *Are you more than 60 days past due on your mortgage?

                        *Do you own a home?

                        Are you currently working?

                        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.