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Andrew Bresalier

RETIRED-Not Accepting Cases
  • Florida
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RETIRED-Not Accepting Cases

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Jurisdictions Admitted to Practice
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Federal Circuit
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  • English: Spoken, Written
Professional Experience
Andrew Bresalier, Esq.
- Current
St. Thomas University School of Law
J.D. | Law
Honors: Tutor & Book Award for Bankruptcy (Received highest grade in class)
Activities: PAD
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Nova Southeastern University
MBA | Business
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Nova Southeastern University
B.S. (1994) | Business
Honors: Dean's List
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Professional Associations
Broward Bar Association
- Current
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Florida State Bar # 493279
- Current
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License to practice
US District Court, Southern District of Florida
License to practice
Supreme Court of Florida
License to practice
US District Court Middle District of Florida
Websites & Blogs
Legal Answers
845 Questions Answered

Q. Do the documents from Bankruptcy Court need to be filed separately in the local court in order to prevent foreclosure?
A: A: Once you file the docs in the Fed court, you should put the case number on a Suggestion of Bankruptcy and file it in the State court. Otherwise, they will not know the Bky Stay is in effect.
Q. How do you know if you need a bankruptcy lawyer?
A: A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.
A: A: This is a lay-person term for being uncollectable. There is really no such thing as really being “Judgment Proof” as a bar to being sued. Any one can be sued for anything. A Plaintiff can be granted a judgment, despite the Defendant’s holdings, or lack there of. Once the judgment is granted, if the Defendant’s holding are within the respective states exemptions, he is said to be “Judgment Proof”, but that will not stop a Plaintiff from attempting to collect from any source available.
Q. If my husband is going to file bankruptcy do I have to also?
A: A: No, married people can file Bky individually; however, if you work, your income and paystubs must be disclosed.
Q. Can Bankruptcy chapter 7 discharged in December of 2004 be removed from my credit report Credit Bureau said it take 10 y
A: It takes 10 years. It cannot be properly removed. Anyone who tells you they can remove it is a suggesting improper/illegal activity. If they do get it removed, it will only be temp. and will reappear.
Q. Can an abstract of judgement for car repossession deficiency balance be renewed by creditor after Chapter 7 Discharge?
A: A: Generally, NO. Such a debts from prior to filing should be dischargeable, unless the granting of credit was based upon fraud. If they attempt to collect, you should advise your attorney, as they could be liable for sanctions.
Q. When filing chapter 7 bankruptcy in W. Virginia after have moved from another state where could I be directed?
A: A: Jurisdiction is determined where you have resided for the last six months. However, exemptions are determined via a 522 examination, which requires reviewing where you resided for the majority of time over the last few years. If you are a law student, I strongly suggest you delay your filing, because when you apply to the Bar they will review your fiscal responsibility. Also note, that student loans are generally not dischargeable.
Q. I am facing foreclosure on my only home can I file bancruptcy to avoid being thrown out of my home?
A: A: Filing a Bky will Stay (Stop) a foreclosure; however, unless you file a Chapter 13, which requires payments, your time will be very limited. Additionally, Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car). Most attorneys provide a free initial consult and discuss these matters, along with the best chapter for you.
Q. How many times can a person file bankruptcy in one year
A: A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2000, you must wait until January 02, 2007. However, if a Discharge was not entered, generally a matter is Dismissed with Prejudice, which means they cannot refile for at least six months. If there is evidence of a person being a serial filer, the court could make the Prejudice period longer.
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RETIRED-Not Accepting Cases
Plantation, FL 33324