Category: Bankruptcy

If you’re wondering can you file bk on a judgement, the answer is yes. Bankruptcy can discharge many types of debts, including judgments. However, the process isn’t always straightforward. Our guide walks you through how bankruptcy affects judgments, what you need to consider, and the steps involved in the process. Key Takeaways Filing for bankruptcy is possible even when there is an existing judgment against you, as it provides a path to alleviate overwhelming debts. The automatic stay initiated upon filing for bankruptcy halts all creditor collection actions, offering immediate relief from legal pressure and wage garnishments. While bankruptcy can… Read More

One of the primary concerns individuals have about declaring bankruptcy is what they could lose.  Bankruptcy, particularly Chapter 7, is a trade off where the government will clean the slate on your debts, but in exchange, you may have to give up some assets outside of “necessities.” Often clients ask if their 401k’s will go to creditors if they declare bankruptcy. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) includes provisions for bankruptcy abuse prevention, which protect certain retirement accounts, including 401k plans, during bankruptcy proceedings. If you live in Florida, your 401k is protected in two different ways. In fact,… Read More

Are bankruptcies published in the newspaper? One of the greatest concerns of those considering bankruptcy is how it might affect the expectations of those around them, personally and professionally. For the great majority of those who file, those people around them have no idea that they have filed. Nevertheless, bankruptcy is considered a public record, so it is important to be aware of the way it is published. Read on to find out why and where bankruptcy records can be accessed. Key Takeaways Unlikely foreclosure sales, there is no requirement to publish bankruptcy information in the newspaper. Personal bankruptcies are… Read More

A suggestion of bankruptcy filing is a notice to creditors that an individual or business intends to seek bankruptcy protection. This filing halts ongoing legal actions and starts the bankruptcy process. Here, we’ll break down what this means for you. Key Takeaways A suggestion of bankruptcy filing serves as a formal notice to creditors, halting legal actions against the debtor and marking the beginning of the bankruptcy process. The bankruptcy automatic stay provides essential protection to the debtor by restraining creditor actions, but creditors can still seek relief through a Motion for Relief from Stay under certain conditions. Post-filing obligations,… Read More

Bankruptcy can be a financial lifeline, but only if you do it right. You’ll need to avoid certain actions post-bankruptcy for a truly fresh start. Based on the information we’ve learned after helping countless Floridians recover financially, here are the top 10 mistakes to avoid after filing bankruptcy. 1. Racking Up Debt Right After Bankruptcy Taking on new debt immediately after filing bankruptcy can put your financial recovery in jeopardy. It’s crucial to resist the temptation to: Open new credit cards Take out loans Accumulate other types of debt Instead, it’s better to prioritize living within your budget. Even applying… Read More

Many people want to file bankruptcy but never begin the process because they get stuck on one question, “What assets do you lose in Chapter 7.” Understanding the answer to this question can help to alleviate a lot of pre bankruptcy stress. If you have anxiety about losing your most essential assets (i.e., home, car, personal items, etc.) during bankruptcy, we’re here to help. Contact us today to learn which of your assets are safe under Chapter 7 asset case and how to pursue alternative debt relief options if necessary. Understanding Chapter 7 Bankruptcy A liquidation bankruptcy (Chapter 7) offers… Read More

Deciding to file for bankruptcy can be terrifying – But, under the right circumstances, it can provide incredible financial relief. The most common types of bankruptcy in Florida are Chapter 7 & 13. By the time you’re finished reading, you’ll have the basic answers to “How do you qualify for Chapter 7 and Chapter 13 in Florida?” If you require more personalized information, we can help. Contact the Attorney Debt Fighters today to discuss your financial goals and whether or not bankruptcy is the right option.  Introduction to Bankruptcy in Florida Bankruptcy Types and Purposes Chapter 7 is the most… Read More

Chapter 7 bankruptcy Florida (i.e., Liquidation bankruptcy or straight bankruptcy) is a legal procedure that can help most people eliminate most of their non-exempt debts. There are federal bankruptcy laws and state bankruptcy laws. In terms of Chapter 7 bankruptcy Florida, there are specific laws in place that differ from other states. It’s much easier to choose the right debt relief options for your specific situation when understanding the differences between Florida, other states, and federal codes. Here, we’ll take a look at the process, general requirements, and potential benefits of filing Chapter 7 in Florida. Need additional help? Our Chapter… Read More

Facing eviction can be a scary and stressful situation. Many people are struggling with rent and eviction issues, especially due to recent economic challenges. For many renters, filing for bankruptcy may be a viable temporary solution as it can help with easing financial burdens and pausing eviction process. But how well does bankruptcy work when it comes to stopping an eviction? Let’s take a look into the connection between bankruptcy and eviction while discussing the automatic stay, specific conditions by state and the advantages/disadvantages of turning to bankruptcy as a means to stop eviction. The Automatic Stay and How It… Read More

One of the most common questions we get at Attorney Debt Fighters is, “Can I file chapter 13 after chapter 7?” In most cases, the answer to that question is “yes.” However, this decision requires careful planning and a deep consideration of the impact it could have on your credit score. In this article we’ll take a deep dive into the reasons why someone might need to file chapter 13 after chapter 7, how soon can you file chapter 13 after 7, the process, and common challenges. Need more personalized information? Contact us today to schedule your free consultation with… Read More