If you are considering filing for bankruptcy and are receiving disability benefits, no doubt one of your biggest questions is whether or not your disability payments will be protected. Normally, you will be able to keep them. They will be protected from the bankruptcy trustee, but all are not treated the same. There are basically three types of disability benefits: Social Security Veterans Private The Three Categories In a Chapter 7 dissolution bankruptcy, assets that are not exempt may be sold by the bankruptcy trustee for the sake of creditors. In a Chapter 13 reorganization bankruptcy, the trustee cannot sell… Read More
If you are thinking of filing for a consumer Chapter 7 bankruptcy, you probably have a lot of questions. One of the most important for many people is whether or not they will be able to rent an apartment after filing for bankruptcy. The reality is that it is often (though not always) more difficult to rent after bankruptcy. After all, the bankruptcy may stay on your credit report for seven to 10 years. But it is certainly not impossible and in some cases may even be easier than it would have been before your bankruptcy. This is because you… Read More
If you are considering either a Chapter 7 (liquidation) bankruptcy or a Chapter 13 (restructuring) bankruptcy, you should be aware of the impact of lookback periods. Bankruptcies are federal actions but they are governed by both federal and state law. A bankruptcy lookback period in Florida is no different. A lookback period is a range of time in which the bankruptcy court or trustee can look back over your finances and transactions in order to make decisions that will impact your bankruptcy. They vary in time according to the situation and factors involved. If you performed a transaction that is… Read More
One of the primary concerns most individuals have about declaring bankruptcy is what they could lose. Often clients ask if their 401k’s will go to creditors if they declare bankruptcy. If you live in Florida, your 401k is protected in two different ways. In fact, if you file for either Chapter 7 (a dissolution) or Chapter 13 bankruptcy (a reorganization), in most cases your retirement plan money will be safe from your creditors. Individual Bankruptcy Background Before we get into whether or not you can declare bankruptcy and still keep your 401k, let’s review the basics. When you declare bankruptcy,… Read More
How a Creditor Gets a Default Judgment Against You If a creditor is unable to collect a debt from you, eventually they will file a complaint against you in court. The court issues a summons notifying you of the suit. The plaintiff must then properly serve you with the summons and complaint within the procedures set out by Florida law. In Florida, once you have been served, you have 20 days to file a response with the court if you want to avoid a default judgment. Should you miss that deadline, the plaintiff will then request the court to order… Read More
There are many financial requirements you must meet to be discharged in bankruptcy in Florida. But there are also requirements that govern where to file for bankruptcy. Keep in mind that bankruptcy actions are established under federal law. You will not file bankruptcy in state court, but rather in federal bankruptcy court. The federal district where you file determines where your case will be heard. What is the Basis for Where to File for Bankruptcy? When filing a bankruptcy petition, these three factors may govern where you file. For a consumer bankruptcy, normally you will file in the same district… Read More
In Kelly Ann Smith’s Article, How to Untangle Joint Credit Card Debt in Divorce, she does a great job of identifying the fundamentals of how debt is divided in a divorce. In a nutshell, the divorce judge will assign who is responsible to pay for which balances. The tough part is that the way that the divorce judge carves up the pie does not change who is signed to the loans. So if the divorce judge says, for example, that former husband is supposed to pay former wife’s Amex card, but that doesn’t happen, then Amex could still sue and… Read More
While you were stuck at home, debt collectors saw fish in a barrel to collect on past due balances While so many consumers and small businesses are fighting tooth and nail to stay afloat, a survey from Prodigal Technologies, Inc, indicates that more than half of Debt Collectors outperformed their pre-COVID metrics. Prodigal’s press release on their survey attributes several factors to the uptrend, but one factor in particular for successful debt collection firms was that they were better able to track borrowers while consumers were stuck at home with Safer-at-Home orders. This data should be an important point for… Read More
There are a lot of aspects to consider when filing for bankruptcy. A debt collection lawyer in Tampa, FL can ensure you know what to expect. Call us today about your case.
Credit scores are affected by many different things. If you find yourself in debt, a debt collection lawyer in Tampa, FL can help you through it. Call today.