Hi, I have $200,000.00 in cash, and they say I owe $70,000.00 in
consumer debt. I would like to purchase a house in Florida, paying
cash, no mortgage. I do not want to pay this so-called debt. My
question is, other than placing a lien on my house, something I am not
worried about since I plan to keep ownership of the house until I die,
what legal measures can creditors take to try to extract cash from the
house once it is purchased, and how easy would it be for creditors to
find out that I have purchased this house? I do not plan to ever use
any type of credit, or to purchase anything on credit, and my cash
income per year will be less than $12,000.00. Thank you.
Brett Weiss
08-21-2003, 03:16 PM
Please note that if a creditor places a judgment lien on your
house, the house can be sold to pay off the lien.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in
message news:b41e4408.0308211248.17c78817@posting.google.c om... Hi, I have $200,000.00 in cash, and they say I owe $70,000.00
in consumer debt. I would like to purchase a house in Florida,
paying cash, no mortgage. I do not want to pay this so-called debt. My question is, other than placing a lien on my house, something I
am not worried about since I plan to keep ownership of the house until
I die, what legal measures can creditors take to try to extract cash
from the house once it is purchased, and how easy would it be for
creditors to find out that I have purchased this house? I do not plan to
ever use any type of credit, or to purchase anything on credit, and my
cash income per year will be less than $12,000.00. Thank you.
Robert Stumpf
08-21-2003, 08:32 PM
One point in your post made me want to respond....the notion of "Board
Certified" Bankruptcy Attorneys. I am not Board Certified, and I am proud
of it, since it shows I am not foolish enough to throw money away on a
designation I really don't need.
And for those members of the public that are not satisfied by mere board
certification, we present SUPER BOARD CERTIFICATION. To qualify for this
high honor, you have to take three additional bar examinations, pay $50,000
in fees, and wait six years. It won't make you a better lawyer, but you can
put SUPER BOARD CERTIFICATION on your business cards!
Does the public need to worry if the attorney of their choice is not "board
certified"? I doubt it.
*****
Rob Stumpf, Esq.
Stumpf and Ginter, Attorneys at Law
Practicing Bankruptcy in NY and NJ
visit us at www.online-law-firm.com
or email rob@online-law-firm.com
Disclaimer: No email or newsgroup communication is to be construed to
establish any sort of an attorney-client relationship, is not legal advice,
and is not a replacement for the advice of a competent attorney in your
jurisdiction.
----- Original Message -----
From: "GlenRow" <Glen@nospamadr3.pbt>
Newsgroups: alt.bankruptcy
Sent: Thursday, August 21, 2003 5:57 PM
Subject: Re: Buying a house, all cash, while avoiding creditors
I think that if you buy the house in Florida and live there, and don't own
a home somewhere else, your Florida home will be considered your homestead after a certain period of time. I think Florida allows an unlimited homestead exemption for people who live there and file bankruptcy. So, maybe later on you'll be able to declare bankruptcy and keep the house. But, there might be some catch about the $70,000 debt pre-dating the purchase of your homestead property in Florida. Of course, if I had $200,000 in the bank, I would ask for a legal opinion from a board
certified bankruptcy attorney who resides and practices near where my future house would be before I bought the house. Another issue might be whether any new bankruptcy laws that are passed
would change the ability to use the Florida exemptions. "I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in message news:b41e4408.0308211248.17c78817@posting.google.c om... Hi, I have $200,000.00 in cash, and they say I owe $70,000.00 in consumer debt. I would like to purchase a house in Florida, paying cash, no mortgage. I do not want to pay this so-called debt. My question is, other than placing a lien on my house, something I am not worried about since I plan to keep ownership of the house until I die, what legal measures can creditors take to try to extract cash from the house once it is purchased, and how easy would it be for creditors to find out that I have purchased this house? I do not plan to ever use any type of credit, or to purchase anything on credit, and my cash income per year will be less than $12,000.00. Thank you.
biggus
08-22-2003, 03:01 AM
I agree that "Board Certified" does not make someone a great attorney. I
would rather have an attorney with 20 years experience than one fresh out of
law school that passed a couple of extra tests. That being said however, I
would prefer to have both the certification and the experience.
"Robert Stumpf" <rob@online-law-firm.com> wrote in message
news:bi42uc$50mrn$1@ID-200874.news.uni-berlin.de... One point in your post made me want to respond....the notion of "Board Certified" Bankruptcy Attorneys. I am not Board Certified, and I am proud of it, since it shows I am not foolish enough to throw money away on a designation I really don't need. And for those members of the public that are not satisfied by mere board certification, we present SUPER BOARD CERTIFICATION. To qualify for this high honor, you have to take three additional bar examinations, pay
$50,000 in fees, and wait six years. It won't make you a better lawyer, but you
can put SUPER BOARD CERTIFICATION on your business cards! Does the public need to worry if the attorney of their choice is not
"board certified"? I doubt it. ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be construed to establish any sort of an attorney-client relationship, is not legal
advice, and is not a replacement for the advice of a competent attorney in your jurisdiction. ----- Original Message ----- From: "GlenRow" <Glen@nospamadr3.pbt> Newsgroups: alt.bankruptcy Sent: Thursday, August 21, 2003 5:57 PM Subject: Re: Buying a house, all cash, while avoiding creditors I think that if you buy the house in Florida and live there, and don't
own a home somewhere else, your Florida home will be considered your homestead after a certain period of time. I think Florida allows an unlimited homestead exemption for people who live there and file bankruptcy. So, maybe later on you'll be able to declare bankruptcy and keep the house. But, there might be some catch about the $70,000 debt pre-dating the purchase of your homestead property in Florida. Of course, if I had $200,000 in the bank, I would ask for a legal opinion from a board certified bankruptcy attorney who resides and practices near where my future house would be before I bought the house. Another issue might be whether any new bankruptcy laws that are passed would change the ability to use the Florida exemptions. "I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in message news:b41e4408.0308211248.17c78817@posting.google.c om... Hi, I have $200,000.00 in cash, and they say I owe $70,000.00 in consumer debt. I would like to purchase a house in Florida, paying cash, no mortgage. I do not want to pay this so-called debt. My question is, other than placing a lien on my house, something I am not worried about since I plan to keep ownership of the house until I die, what legal measures can creditors take to try to extract cash from the house once it is purchased, and how easy would it be for creditors to find out that I have purchased this house? I do not plan to ever use any type of credit, or to purchase anything on credit, and my cash income per year will be less than $12,000.00. Thank you.
Robert Stumpf
08-22-2003, 04:19 AM
Yes, that makes sense. We all want the best, the most value for our money.
The question is, is it worth it to spend $1500 to have a Chapter 7 prepared
by a "Board Certified" attorney or $500 to have it prepared by a less
experienced and/or a non-board certified attorney? $1000 is a lot of money
to people filing bankruptcy, especially when many Chapter 7's are routine
anyway.
The bottom line is, you have to make this decision based on who the lawyer
is, and the best estimate you can make of that person's compentency and the
value they can bring you. Which brings the lawyer back to where he or she
was before s/he was before the spend all kinds of time and money getting
certified. Ultimately, I think "Board Certification" is just a marketing
thing. It looks nice in advertising.
--
*****
Rob Stumpf, Esq.
Stumpf and Ginter, Attorneys at Law
Practicing Bankruptcy in NY and NJ
visit us at www.online-law-firm.com
or email rob@online-law-firm.com
Disclaimer: No email or newsgroup communication is to be construed to
establish any sort of an attorney-client relationship, is not legal advice,
and is not a replacement for the advice of a competent attorney in your
jurisdiction.
"biggus" <xxxbiggus35@yahoo.comxxx> wrote in message
news:GRl1b.10933$J16.501992@twister.southeast.rr.c om... I agree that "Board Certified" does not make someone a great attorney. I would rather have an attorney with 20 years experience than one fresh out
of law school that passed a couple of extra tests. That being said however, I would prefer to have both the certification and the experience. "Robert Stumpf" <rob@online-law-firm.com> wrote in message news:bi42uc$50mrn$1@ID-200874.news.uni-berlin.de... One point in your post made me want to respond....the notion of "Board Certified" Bankruptcy Attorneys. I am not Board Certified, and I am
proud of it, since it shows I am not foolish enough to throw money away on a designation I really don't need. And for those members of the public that are not satisfied by mere board certification, we present SUPER BOARD CERTIFICATION. To qualify for
this high honor, you have to take three additional bar examinations, pay $50,000 in fees, and wait six years. It won't make you a better lawyer, but you can put SUPER BOARD CERTIFICATION on your business cards! Does the public need to worry if the attorney of their choice is not "board certified"? I doubt it. ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be construed to establish any sort of an attorney-client relationship, is not legal advice, and is not a replacement for the advice of a competent attorney in your jurisdiction. ----- Original Message ----- From: "GlenRow" <Glen@nospamadr3.pbt> Newsgroups: alt.bankruptcy Sent: Thursday, August 21, 2003 5:57 PM Subject: Re: Buying a house, all cash, while avoiding creditors I think that if you buy the house in Florida and live there, and don't own a home somewhere else, your Florida home will be considered your
homestead after a certain period of time. I think Florida allows an unlimited homestead exemption for people who live there and file bankruptcy.
So, maybe later on you'll be able to declare bankruptcy and keep the
house. But, there might be some catch about the $70,000 debt pre-dating the purchase of your homestead property in Florida. Of course, if I had $200,000 in the bank, I would ask for a legal opinion from a board certified bankruptcy attorney who resides and practices near where my future
house would be before I bought the house. Another issue might be whether any new bankruptcy laws that are passed would change the ability to use the Florida exemptions. "I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in message news:b41e4408.0308211248.17c78817@posting.google.c om... > Hi, I have $200,000.00 in cash, and they say I owe $70,000.00 in > consumer debt. I would like to purchase a house in Florida, paying > cash, no mortgage. I do not want to pay this so-called debt. My > question is, other than placing a lien on my house, something I am
not > worried about since I plan to keep ownership of the house until I
die, > what legal measures can creditors take to try to extract cash from
the > house once it is purchased, and how easy would it be for creditors
to > find out that I have purchased this house? I do not plan to ever use > any type of credit, or to purchase anything on credit, and my cash > income per year will be less than $12,000.00. Thank you.
Brett Weiss
08-22-2003, 07:02 AM
The advantage of Board Certification (and I am not, since I
haven't had the time to take the exam) is that you can assume a
certain minimal standard of competence and knowledge from someone
who has gone to the effort of obtaining certification.
You have a better chance with a Board Certified bankruptcy
attorney than with one picked at random from the phone book.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Robert Stumpf" <rob@online-law-firm.com> wrote in message
news:bi42uc$50mrn$1@ID-200874.news.uni-berlin.de... One point in your post made me want to respond....the notion of
"Board Certified" Bankruptcy Attorneys. I am not Board Certified, and
I am proud of it, since it shows I am not foolish enough to throw money
away on a designation I really don't need. And for those members of the public that are not satisfied by
mere board certification, we present SUPER BOARD CERTIFICATION. To
qualify for this high honor, you have to take three additional bar examinations,
pay $50,000 in fees, and wait six years. It won't make you a better
lawyer, but you can put SUPER BOARD CERTIFICATION on your business cards! Does the public need to worry if the attorney of their choice
is not "board certified"? I doubt it. ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be
construed to establish any sort of an attorney-client relationship, is not
legal advice, and is not a replacement for the advice of a competent attorney
in your jurisdiction. ----- Original Message ----- From: "GlenRow" <Glen@nospamadr3.pbt> Newsgroups: alt.bankruptcy Sent: Thursday, August 21, 2003 5:57 PM Subject: Re: Buying a house, all cash, while avoiding creditors I think that if you buy the house in Florida and live there,
and don't own a home somewhere else, your Florida home will be considered
your homestead after a certain period of time. I think Florida allows an
unlimited homestead exemption for people who live there and file
bankruptcy. So, maybe later on you'll be able to declare bankruptcy and keep
the house. But, there might be some catch about the $70,000 debt
pre-dating the purchase of your homestead property in Florida. Of course,
if I had $200,000 in the bank, I would ask for a legal opinion from a
board certified bankruptcy attorney who resides and practices near where my
future house would be before I bought the house. Another issue might be whether any new bankruptcy laws that
are passed would change the ability to use the Florida exemptions. "I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in
message news:b41e4408.0308211248.17c78817@posting.google.c om... Hi, I have $200,000.00 in cash, and they say I owe
$70,000.00 in consumer debt. I would like to purchase a house in Florida,
paying cash, no mortgage. I do not want to pay this so-called
debt. My question is, other than placing a lien on my house,
something I am not worried about since I plan to keep ownership of the house
until I die, what legal measures can creditors take to try to extract
cash from the house once it is purchased, and how easy would it be for
creditors to find out that I have purchased this house? I do not plan to
ever use any type of credit, or to purchase anything on credit, and
my cash income per year will be less than $12,000.00. Thank you.
Robert Stumpf
08-22-2003, 07:44 AM
Too bad you didn't talk to us. :-)
--
*****
Rob Stumpf, Esq.
Stumpf and Ginter, Attorneys at Law
Practicing Bankruptcy in NY and NJ
visit us at www.online-law-firm.com
or email rob@online-law-firm.com
Disclaimer: No email or newsgroup communication is to be construed to
establish any sort of an attorney-client relationship, is not legal advice,
and is not a replacement for the advice of a competent attorney in your
jurisdiction.
"biggus" <xxxbiggus35@yahoo.comxxx> wrote in message
news:QHn1b.10941$J16.509576@twister.southeast.rr.c om... From the free consultations I attended before I chose my attorney, I gathered that most of the $500 attorneys were looking for the "NO ASSET" easy to file cases. When they discovered that my case was more complicated and would require real work they became uncomfortable and started hedging
on their answers to my questions. It was apparent that they did not handle
very many difficult bankruptcy cases. The attorney I finally chose charged me considerably more but in this case I got what I paid for. "Robert Stumpf" <rob@online-law-firm.com> wrote in message news:bi4u7j$5avcg$1@ID-200874.news.uni-berlin.de... Yes, that makes sense. We all want the best, the most value for our money. The question is, is it worth it to spend $1500 to have a Chapter 7 prepared by a "Board Certified" attorney or $500 to have it prepared by a less experienced and/or a non-board certified attorney? $1000 is a lot of money to people filing bankruptcy, especially when many Chapter 7's are
routine anyway. The bottom line is, you have to make this decision based on who the
lawyer is, and the best estimate you can make of that person's compentency and the value they can bring you. Which brings the lawyer back to where he or
she was before s/he was before the spend all kinds of time and money getting certified. Ultimately, I think "Board Certification" is just a
marketing thing. It looks nice in advertising. -- ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be construed to establish any sort of an attorney-client relationship, is not legal advice, and is not a replacement for the advice of a competent attorney in your jurisdiction. "biggus" <xxxbiggus35@yahoo.comxxx> wrote in message news:GRl1b.10933$J16.501992@twister.southeast.rr.c om... I agree that "Board Certified" does not make someone a great attorney.
I would rather have an attorney with 20 years experience than one fresh out of law school that passed a couple of extra tests. That being said
however, I would prefer to have both the certification and the experience. "Robert Stumpf" <rob@online-law-firm.com> wrote in message news:bi42uc$50mrn$1@ID-200874.news.uni-berlin.de... > > One point in your post made me want to respond....the notion of
"Board > Certified" Bankruptcy Attorneys. I am not Board Certified, and I am proud > of it, since it shows I am not foolish enough to throw money away on
a > designation I really don't need. > > And for those members of the public that are not satisfied by mere board > certification, we present SUPER BOARD CERTIFICATION. To qualify for this > high honor, you have to take three additional bar examinations, pay $50,000 > in fees, and wait six years. It won't make you a better lawyer, but you can > put SUPER BOARD CERTIFICATION on your business cards! > > Does the public need to worry if the attorney of their choice is not "board > certified"? I doubt it. > > > ***** > > Rob Stumpf, Esq. > > Stumpf and Ginter, Attorneys at Law > Practicing Bankruptcy in NY and NJ > > visit us at www.online-law-firm.com > or email rob@online-law-firm.com > > > Disclaimer: No email or newsgroup communication is to be construed
to > establish any sort of an attorney-client relationship, is not legal advice, > and is not a replacement for the advice of a competent attorney in your > jurisdiction. > ----- Original Message ----- > From: "GlenRow" <Glen@nospamadr3.pbt> > Newsgroups: alt.bankruptcy > Sent: Thursday, August 21, 2003 5:57 PM > Subject: Re: Buying a house, all cash, while avoiding creditors > > > > I think that if you buy the house in Florida and live there, and don't own > a > > home somewhere else, your Florida home will be considered your homestead > > after a certain period of time. I think Florida allows an
unlimited > > homestead exemption for people who live there and file bankruptcy. So, > > maybe later on you'll be able to declare bankruptcy and keep the house. > > But, there might be some catch about the $70,000 debt pre-dating
the > > purchase of your homestead property in Florida. Of course, if I
had > > $200,000 in the bank, I would ask for a legal opinion from a board > certified > > bankruptcy attorney who resides and practices near where my future house > > would be before I bought the house. > > > > Another issue might be whether any new bankruptcy laws that are passed > would > > change the ability to use the Florida exemptions. > > > > "I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in message > > news:b41e4408.0308211248.17c78817@posting.google.c om... > > > Hi, I have $200,000.00 in cash, and they say I owe $70,000.00 in > > > consumer debt. I would like to purchase a house in Florida,
paying > > > cash, no mortgage. I do not want to pay this so-called debt. My > > > question is, other than placing a lien on my house, something I
am not > > > worried about since I plan to keep ownership of the house until
I die, > > > what legal measures can creditors take to try to extract cash
from the > > > house once it is purchased, and how easy would it be for
creditors to > > > find out that I have purchased this house? I do not plan to ever use > > > any type of credit, or to purchase anything on credit, and my
cash > > > income per year will be less than $12,000.00. Thank you. > > > > > > >
Brett Weiss
08-24-2003, 11:02 AM
Take a look at http://www.abcworld.org/whycertatty.htm.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Daniel Glanz Sr." <danielglanzsr@verizon.net> wrote in message
news:vnshkv0dfmkr1htjckj778dsfot6itgiab@4ax.com... What is a "Board Certified" bankruptcy attorney? I have been practicing bankruptcy law in Northern Virginia since 1980 and
that is the first time I have ever heard the words "Board Certified " attorney. Where did it come form? Seriously, if attorneys are claiming to be board certified and
are soliciting clients on that basis I would like to know about it. Daniel Glanz, Sr. Attorney and Counsellor at Law 50 South Pickett Street, Suite 214 Alexandria, VA 22304-7206 Voice (703) 212-2200
Guest
08-25-2003, 07:51 PM
Florida's Constitution requires that you file a Declaration of
Homestead in order to protect it from most kinds of liens. The only
problem that I see is that it MAY be argued that up to $70,000 used to
purchase the home should be treated as borrowed. This would render
the declaration of homestead void.
"I Don't Think So" <deepestcover2003@yahoo.co.uk> wrote in message news:b41e4408.0308211248.17c78817@posting.google.c om... Hi, I have $200,000.00 in cash, and they say I owe $70,000.00 in consumer debt. I would like to purchase a house in Florida, paying cash, no mortgage. I do not want to pay this so-called debt. My question is, other than placing a lien on my house, something I am not worried about since I plan to keep ownership of the house until I die, what legal measures can creditors take to try to extract cash from the house once it is purchased, and how easy would it be for creditors to find out that I have purchased this house? I do not plan to ever use any type of credit, or to purchase anything on credit, and my cash income per year will be less than $12,000.00. Thank you.
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