Author Archives: Jeffrey Solomon

About Jeffrey Solomon

Recent Chair of the Bankruptcy Section of the Broward County Bar Association; Current member of Board of Directors of Broward County Bar Association

Means Test-Median Income Change April 1, 2016

The median income amounts for the means test change on April 1, 2016.  The figures for a Florida means test have a slight increase for household sizes of one and two and a slight decrease for household sizes of three and four. The median income in Florida for a household of 1 is now $ 43,136.00;  for a household of 2 is now $ 53,654.00;  for 3 is now $ 57,080.00; and for 4 is now $ 66,588.00.   The median income increases for each additional member of the household  $8400.00.00.

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Judge Olson on Surrender in Chapter 7 and Foreclosures

I represented the debtor in a case where  Judge Olson entered an important ruling of general interest to bankruptcy  attorneys and foreclosure attorneys in particular for Broward County including Fort Lauderdale bankruptcies and foreclosures. The  state court foreclosing lender attempted to reopen a 2009 chapter 7 in which the debtor in her Statement of Intention stated her intent to surrender non-exempt real property.   The state court foreclosure, filed in 2009 with little activity for years,  had not yet been completed. The issue of the meaning and enforcement of the Debtor’s Statement of Intention in a state court foreclosure has been brought in several bankruptcy cases throughout Florida.  Decisions are conflicting. In  re Kourogenis,  Case No. 09-32936, DE 28, October 6,, 2015,  is the first bankruptcy court decision on this issue in Broward County as to chapter 7 cases. Careful reading of the decision is critical.  The court did find that in…
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Does Lien Stripping Remain in Chapter 13?

Caulkett Does Not Affect Lien-Stripping in Chapter 13 Posted by NCBRC – June 22, 2015 The recent Supreme Court decision in Bank of America v. Caulkett, ___ U.S. ___, 2015 WL 2464049 (June 1, 2015), does not apply to lien stripping in chapter 13. Turman v. Pinnacle Bank, No. 14-80062, Adv. Proc. 14-8035 (Bankr. D. Neb. June 12, 2015). Alton and Leslie Turman’s residence was subject to two liens, the second of which was wholly unsecured. Relying on Minnesota Housing Fin. Agency v. Schmidt (In re Schmidt), 765 F.3d 877 (8th Cir. 2014), and noting that seven other circuits have found that wholly unsecured liens may be stripped off in chapter 13, the court granted the debtors’ motion for summary judgment to avoid Pinnacle Bank’s lien. The court briefly reiterated the well-established interpretation of Nobelman v. American Sav. Bank, 508 U.S. 324 (1993), that a lien that is wholly unsecured…
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