FL Mobile Home Exemption *Additonal $4,000* If Land Not Owned

[justbroke]

If I am understanding this message correctly, this judge was our judge, and was very patient with our many mistakes.

Yes, and he's actually one of the best in Florida. Other Judges usually cite his opinions as "persuasive" and "well reasoned". He was the first to issue an opinion on the "hanging paragraph" in Chapter 13s.

... What's the hardest part of Chapter 7, looking up the Statutes?
... Even with a Document Service, I have to look up the Statutes myself, right? I think that was said before that I do. Well, forget doing that by myself. (lol)

First, the $4,000 wildcard is known by all bankruptcy attorneys in Florida. Your specific issue is whether that specific attorney believes it's a "homestead" property under the Florida Constitution, versus the special homestead status it enjoys under the Statute (F.S. 222.05).

The hardest part is protecting assets. This is the ONLY reason why I am still cautioning you to use an attorney. Just because there is a non-binding opinion from the Chief Judge, that does not mean just citing 222.05 will get the Trustee off your back. The key is being able to defend it. Additionally, some Trustees will look more closely at a pro se debtor and might cause you grief in other areas (such as ordering a full appraisal). An attorney -- skilled in your particular circumstances -- will guide you through and you won't need to feel so overwhelemed.

Otherwise, I'd tell you to go ahead and file pro se. However, with your particular circumstances and the apparent little known opinion from FLMB's Chief Judge, I'd say lawyer-up just to be safe.

[LadyInTheRed]

It'll be a paralegal after hiring him, no doubt.

Not necessarily a bad thing. It may be the paralegal you interact with and who prepares the petition, but the paralegal will be supervised by the attorney. The attorney sounds good, so he probably hired a good paralegal and provides sufficient supervision. If you do work with a paralegal and at any time do not feel comfortable with his/her work or what he/she tells you, don't be afraid to ask to speak with the attorney. A good paralegal who senses you are uncomfortable will suggest you speak with the supervising attorney.

You can try offering attorney #6 a lower fee. It doesn't hurt to ask. But don't count on him accepting it, especially since it sounds like he is on the low end in your area. I think if you hire him you will not need to add a separate line item in your budget for Advil. That could be worth $200 alone!

[tobee43]

Not necessarily a bad thing. It may be the paralegal you interact with and who prepares the petition, but the paralegal will be supervised by the attorney. The attorney sounds good, so he probably hired a good paralegal and provides sufficient supervision. If you do work with a paralegal and at any time do not feel comfortable with his/her work or what he/she tells you, don't be afraid to ask to speak with the attorney. A good paralegal who senses you are uncomfortable will suggest you speak with the supervising attorney.

You can try offering attorney #6 a lower fee. It doesn't hurt to ask. But don't count on him accepting it, especially since it sounds like he is on the low end in your area. I think if you hire him you will not need to add a separate line item in your budget for Advil. That could be worth $200 alone!

no such luck out here lir.....the atty's hire $8 an hour young girls that say they are paralegals and aren't. unfortunately, even the law firms here cut costs....so you need to be your OWN best advocate and make certain every is done alright.

we had an excellent atty, however, his "paralegal" was so bad that she was using an address we lived at over 30 years prior...and even tho we told her 3 times...we had to tell her again.

platter...the petition will NOT be submitted no matter who you use until you approve it and sign it...