Do I Have To List All My Creditors
Everyone you owe money to on the date the bankruptcy is filed must be listed as a creditor. You may not leave any creditors off the list if you are liable on the debt. This includes corporate credit cards on which the person filing is also liable. This includes debts co-signed for others. This includes all debts of any nature.
On the other hand, if you do not owe money to a company , that company does not have to be listed. Even so, discuss the matter with me before you pay more than $400 to pay off a credit card prior to filing.
Advantages Of Declaring Bankruptcy
Filing for bankruptcy may seem like a mistake. Debt relief comes with new difficulties in repairing credit and obtaining loans. After bankruptcy, its also typical to downsize ones lifestyle.
But people drowning in unmanageable debt might also find great relief through bankruptcy. All those calls and letters demanding payment from creditors stop when you file bankruptcy.
Before filing for bankruptcy, think about the advantages and disadvantages. If you require more in-depth legal advice, get in touch with a bankruptcy attorney in your area. Here are the benefits you need to know:
You can have a new financial start after declaring bankruptcy, which is one of its main benefits.
The court may dismiss most of your unsecured obligations if you qualify for Chapter 7 bankruptcy.
Secured debt gives the creditor the legal right to take possession of and sell the debtors assets. It happens when a debtor fails to make payments on a secured obligation. Some examples are a home mortgage or auto loan.
State rules differ significantly in determining which assets you may keep. But, you may be allowed to maintain many of your assets.
When you file for Chapter 7 or Chapter 13 bankruptcy, collection activities must halt.
You cannot lose your employment due to your bankruptcy filing alone.
Filing For Bankruptcy In Tampa Florida
Contrary to what you might have been told, filing for bankruptcy is not the end of the world. It will not cause you to lose your job or stay on your credit report for the rest of your life. In fact, as a Tampa, FL bankruptcy lawyer might explain to you, it could give a fresh start to your financial problems.
If your financial problems are considerable, it is important to have a bankruptcy lawyer Tampa, FL trusts on your side. The procedure is complex and involves a multitude of laws. You will also be required to appear in Federal Court rather than your local county courthouse.
Ziegler Diamond Law: Debt Fighters has helped numerous clients just like you to get their life going in the right direction. We are committed to creating viable opportunities for a brighter future, and without the financial burdens that can keep you and your family discouraged from having an enjoyable life. To learn about your legal options, please call our Tampa, FL bankruptcy lawyer today for a complimentary consultation.
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Our Tampa Bankruptcy Attorneys Are Highly Recommended
“The Golden Law Group is a true model for legal efficiency. I know that Don’s admired around the country for how he treats his clients and how darn happy they are with his service! If you need help…this is the firm to go to.”
– Jason K.
“This practice deserves more than 5 stars. For such a tough situation working with everyone at the office was great from front to back. Jennifer, Jordan, Kelly, Don, and everyone else are very professional and answered all my questions. I was never left hanging or unsure of something. Would recommend it to anyone with no hesitation.”
– Mary Ann Lorenzo
What About Credit Counseling Services
If you are close to being able to make your payments, it may be worth going to a credit counseling service before filing bankruptcy. It is always a good idea to get as much information as possible on all your options. There are two general types of credit counseling agencies. The type I do not recommend will have you pay them periodically, but will not not pay the creditors until they offer large discounts on the balance owed. I have never seen a successful workout with this type of agency, rather they charge high fees, end up keeping most of the money paid, and the creditor ends up suing the client for the money owed.
The other type of agency will work out payment arrangements with the creditors up front, and pay them monthly. While this type of agency will generally not reduce the principle balance owed, it will usually reduce the interest rate on most or all creditors. The agency we recommend, Consumer Credit Counseling Agency, is an example of this type of agency.
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Tampa Florida Bankruptcy Attorney
Samantha L. Dammer represents Chapter 7, 11 & 13 Bankruptcy clients throughout the Tampa Bay area. She has extensive experience in business and individual bankruptcy case filings. Since 1998 attorney Samantha Dammer has fought for her clients legal interests. Originally licensed in Illinois, Ms. Dammer has been an active member of the Florida Bar since 2007.
Bankruptcy is our primary area of legal practice. We help Tampa area business owners and consumers with managing and restructuring debts, as well as getting a fresh start. Our goal is to provide each client with relief from debt collectors and creditors. We are available for representation in all types of bankruptcy cases, including Chapter 11 and subchapter 5 bankruptcy for businesses and individuals. There are legal options available for business debts as well.
With the COVID relief ending and SBA loans coming due, we are seeing a wave of questions, especially the EIDL and PPP advances. Sadly, the SBA is aggressively pursuing collections, even on businesses that have closed. Dont rely on guesswork and Google searches to decide what to do with an SBA loan for your business. You might be eligible for an Offer in Compromise with your SBA loan, but only if you take the right steps. We have answers!
Everything You Need To Know About The Bankruptcy Process
Below is a rundown of the actions you might anticipate during the bankruptcy procedure.
First, you can arrange a free consultation with a Florida bankruptcy attorney. An attorney will help you identify which bankruptcy option is best for your situation. Your lawyer will discuss the matter and gather the necessary data and papers. Then, you would know if bankruptcy is a suitable option for you.
The meeting of creditors is a hearing when the bankruptcy trustee assembles your creditors and discusses your current financial situation. At Fleysher Law, we can help prepare you for this meeting. We will go over what are the common topics discussed during the hearing and help you prepare your answers for a favorable outcome.
Discharge of Bankruptcy
The decision to discharge your bankruptcy will depend primarily on the type of bankruptcy you pursue. In Chapter 7 bankruptcy, applicants are discharged after they paid their creditors by liquidating their assets. In contrast, youll get your bankruptcy discharged when you complete your payment term in a Chapter 13 bankruptcy.
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Innovative Strategies & Representation For Debt Relief & Creditor Harassment
If you are currently struggling with debt, then it is likely that you are left feeling overwhelmed, frightened, and isolated. Whether you are living under the constant umbrella of fear associated with harassment from creditors attempting to collect or if you are simply struggling to make ends meet with limited means, you deserve to find a solution for your debt relief. Although it has garnered a negative social stigma over the years and is surrounded by various different myths, bankruptcy can in fact be a viable and effective solution to helping you gain control over your finances once more.
Our firm is the best choice to help in your financial situation:
- We are an AV® Preeminent Rated Law Firm
- We have an A+ Rating from the Better Business Bureau
- Attorney Leavengood has a 10.0 Superb Avvo Rating
- Attorney Leavengood was selected to Super Lawyers Rising Stars for 2 years
- Attorney Leavengood has been recognized as one of The Best Lawyers in America®
- LeavenLaw has been recognized as one of The Best Law Firms®
We believe it is of the utmost importance to fully understand each clients particular needs and concerns in order to accurately assess and effectively address their situation to the best of our ability. When you work with a bankruptcy attorney at our firm, you will have the benefit of our personal attention and exceptional service every step of the way.
A Tampa Fl Bankruptcy Lawyer You Can Rely On
No one is exempt from debt problems. Sometimes it can be the result of increasing credit card interest rates. Other times it may be due to surmounting medical bills, job loss, or divorce. Regardless of why you are in debt, we are here to act as your guide, and will help you to find a positive solution to your problem.
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Firm Price Quote Warning:
Beware of attorneys quoting a firm price on the phone then giving different prices at the appointments. According to a recent report, the median attorney fee charged for a Chapter 7 case is $1,500. Despite the fact that I have been board certified since 1993, longer than most of these attorney have been practicing, I try to keep our standard fee around here if there are not unusual problems, but the fee can be higher or lower depending on the potential problems and how quicking the case has to be filed, and whether there would be more problems in waiting. The fee can be paid over time, but we need it before the case can be filed. In the meantime clients can refer creditors to our office. I always try to work with the clients to find something that works for them. I cannot give firm prices without an appointment as I take much longer to go over the situation and explain the options to clients than most other attorneys.
Bankruptcy Will Ruin Your Credit Score
Another misconception that Tampa, FL bankruptcy lawyers have heard from clients is the fallacy that bankruptcy will destroy your credit forever. While your credit rating will take a hit in the beginning, it wont stay that way forever. In fact, its possible to improve your credit after filing for bankruptcy. It helps remove all the negative consequences of your unpaid debts.
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What To Do When You File Chapter 7 Trying To Return Your Car To The Creditor But The Creditor Wont Take It
A recent decision from an appellate federal court in Ohio recently wrote a decision on a case where the debtor tried to get sanctions against OneMain Financial for refusing to take a car the debtor tried to give back in a Chapter 7 case unless some arrangements were made to pay them. In Bentley v. OneMain Fin. Grp. LLC, , a decision from 8 July 2020) the appellate court ruled that the bankruptcy court was correct when it had ruled that OneMain Financial had not violated the law prohibiting creditors from attempting to collect a debt after the case was over . The case involved a 2001 Dodge Dakota in a Chapter 7 case filed in 2018. The documents filed in the bankruptcy by the debtor showed an $8,000 lien on the vehicle which was valued at $150, and stated an intent to surrender the vehicle to the creditor. Discharge was entered June 11, 2018 with no further action taken on the vehicle. Debtor called the creditor after the discharge asking them to take the lien off the vehicle, noting that the vehicle was totaled. The creditor suggested taking the vehicle to a scrap yard, at which point it would consider accepting that to release the lien.
What About When A Case Has Been Completed All Payments Have Been Made For The Three To Five Years Is This Always The End Of The Matter
Not necessarily. I have seen a number of cases where even after the client did everything they were supposed to, the mortgage company claims they still owe thousands of dollars and threaten to start foreclosure all over again.
Usually this is based on attorneys fees not paid in the bankruptcy which the mortgage company claims it is entitled to.
My plans specifically prohibit this type of action, by requiring the mortgage company to include all fees in the claim they file to be paid through the bankruptcy.
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Bankruptcy Means Youre A Failure
Many people shy away from filing for bankruptcy because they think it makes them a failure and bad person. However, its important to realize that bankruptcy is actually just a way to take control of your finances. Its there for a good reason, filing doesnt make you any less of a good person.
If you have decided to file for bankruptcy, you should consult with an experienced bankruptcy lawyer offered in Tampa, FL as soon as possible. Bankruptcy is a complex process, you will want to have a knowledgeable and experienced lawyer at Ziegler Diamond Law: Debt Fighters on your side, every step of the way.
What Are Your Goals We Are Advocates In Your Debt Plan
What challenges are you facing? We can put together a debt relief plan that may include bankruptcy or other options. Based on your goals, you may wish to completely discharge debts in Chapter 7 bankruptcy, create a debt repayment plan through Chapter 13 or shield your hard-earned investments through Chapter 11 bankruptcy. With our help you may be able to:
- Stop foreclosure and keep your home through bankruptcy.
- Reduce debt and maintain control of your finances for a brighter future.
- Reorganize your finances to keep your investment properties and business intact while creating a long-term, affordable repayment plan.
- Keep your business open by working with us to restructure or reorganize debts.
Do not lose hope when facing aggressive creditors or intimidating lawsuits. Our tenacious attorneys are not afraid to fight for you when you need an advocate.
What Should I Do Before The Initial Appointment
Before you first meet with me or any other bankruptcy attorney you should prepare a list of who they owe and how much they owe to this meeting.
You may wish to download and fill out my new client sheet and my budget form. You will be asked to review and sign the Debt Relief Agency disclosure, the Debt Relief Agency contract, and the Information disclosure at the first appointment, so you should download, review, and sign those before the appointment. These forms are all required by the new bankruptcy law now in effect.
You should also know the make, model, and year of your car and should bring a copy of the car loan papers if they have them. If you refinanced any real estate within the last 3 months, bring a copy of the mortgage loan documents. Finally, you should bring a copy of your most recent paystub.
While you do not have to bring anything, all of this information will assist in making a recommendation in your case. You should make out a list of questions you have to ask at the appointment. You also should attempt to obtain the following information for your appointment if you can, and bring it to the meeting.
Chapter 9 Adjustment Of Debts Of A Municipality
Chapter 9 bankruptcy provides a means for financially distressed municipalities to obtain protection from creditors by hashing out a plan with creditors to resolve outstanding debt. Liquidation of assets is nearly impossible in a Chapter 9 proceeding. Instead, Chapter 9 operates more like Chapter 13, or even a loan modification: The municipality negotiates a repayment plan that may involve reducing interest rates, reducing monthly premiums, adjusting the term and timeline for repayment, or reducing the principal amount owed.
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Chapter 7 Bankruptcy Vs Chapter 13 Bankruptcy: Which Is Right For Me
The type of bankruptcies are chapters of the US Bankruptcy Code. Hence, we call them Chapter 7 and Chapter 13 bankruptcies. Bankruptcy lawyers and bankruptcy courts abbreviate them using these terms. It helps them deal with various filing bankruptcy vehicles in the arena.
At Fleysher Law, we analyze the needs of every client. We help individuals and businesses file for bankruptcy relief following the Bankruptcy Code. Our Tampa bankruptcy attorney is here to determine which may be best under their circumstances.
Affordable Low Cost Chapter 7 And Chapter 13 Bankruptcy Attorney Fees
Our Tampa Bankruptcy Attorney can help with Chapter 13 Bankruptcy or Chapter 7 Bankruptcy in Tampa Florida. If you are facing debt collection, financial crises, foreclosure, job loss, collection harassment, the inability to pay your credit card debts etc. No matter the scenario and without sacrifice of quality we offer Cheap Bankruptcy Attorney Services in Tampa Florida.
We currently provide service in The Middle District of Florida including Tampa, St Petersburg, Clearwater, Lakeland, Bradenton, Manatee, Sarasota and Orlando.
Florida Chapter 7 bankruptcy is the most common type of Bankruptcy filed and used to liquidate a debtors assets. Unsecured debts can be discharged allowing a debtor to keep certain property and motor vehicles, a required means test will be given to you by our bankruptcy attorney.
We offer a free consultation to determine if your current situation qualifies to use this form of Florida bankruptcy.
Our Affordable Bankruptcy Attorneys offer reduced legal fees. Low Cost Bankruptcy Fees start from $999 for a Chapter 7 plus a $335 court filing fee.
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