If I File for Bankruptcy Will I have to go to Court?

By Julie | Published: August 23, 2010

In a typical Chapter 7 bankruptcy, you will be required to attend one Meeting of Creditors, also known as the 341 meeting. It usually lasts about 10 minutes. You are put under oath and asked various questions by the trustee regarding your finances. Although given notice, few creditors ever appear.

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Do I have to file bankruptcy with my spouse?

By Julie | Published: August 23, 2010

No. If your debt is in your name alone, you can file bankruptcy independently from your spouse. However, if your spouse shares the debt with you, for example, if you have joint credit cards, your spouse may still be on the hook for the debt, so it may be best to file jointly in that situation.
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What is the Automatic Stay?

By Julie | Published: August 23, 2010

Once your case is filed, the Automatic Stay is triggered which means all collection activities have to cease. These include phone calls, lawsuits, garnishments, set-offs, repossessions, and foreclosure actions. How do these creditors receive notice of your bankruptcy? The Court sends your creditors notice from the Creditor Matrix on your petition. This may take several weeks. Therefore, you should arm yourself with your bankruptcy case number and give the information… Continue reading

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Will filing a Bankruptcy stop my creditors from calling me?

By Julie | Published: August 23, 2010

Yes. The filing of a bankruptcy petition triggers a very powerful tool which is called the Automatic Stay which prevents your creditors from any and all collection activities, which includes phone calls.

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Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!… Continue reading

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How often can I file Bankruptcy?

By Julie | Published: August 23, 2010

A Chapter 7 bankruptcy can be filed 8 years from a previous Chapter 7 filing. If your prior bankruptcy was a Chapter 13, you have to wait 6 years to file a Chapter 7. The time period runs from the beginning of the case, not the discharge date.

A Chapter 13 bankruptcy can be filed 4 years from a prior Chapter 7 filing or 2 years from a prior… Continue reading

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Will Chapter 7 erase all my debt?

By Julie | Published: August 23, 2010

No. There are certain debts that Congress has determined are “non-dischargeable” in bankruptcy court. Some common examples are:

  • Certain taxes
  • Spouse and child support obligations
  • Debts resulting from fraud, false pretenses, or false representation
  • Debts arising from death/personal injury caused by DUI
  • Debts owed a single creditor of more than $550 for luxury goods within 90 days of filing
  • Student loans
  • Debts
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What is the difference between a Chapter 7 and 13?

By Julie | Published: August 23, 2010

Chapter 7 bankruptcy is known as a liquidation bankruptcy. To qualify, you must earn below a certain income amount. A Trustee is appointed to your case to administer your “estate”. According to the law, you are allowed to keep a certain amount of real property, personal property, and equity in your property, called “exemptions”. The Trustee will see if there is any property that is “non-exempt”, and if so… Continue reading

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Will my family, friends and neighbors know I’ve filed for Bankruptcy?

By admin | Published: August 12, 2010

When I meet with people, one of their biggest question and concern is whether their family, friends, neighbors and the community in general will find out they have filed for bankruptcy. Unless you are a celebrity, politician, or other person of interest, the answer to that question is generally “no”. The only people who will get notice of your bankruptcy are your creditors. So, unless your family and friends are… Continue reading

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Some Online Bankruptcy Resources

By Julie | Published: August 4, 2010

Bankruptcy Appraisal Resources:

Online Bankruptcy Resources Sarasota, Floridawww.zillow.com
www.craigslist.com
www.ebay.com – “completed listings”
www.kbb.com
www.nadaguides.com

Court Websites:

www.flmb.uscourts.gov - United States Bankruptcy Court for the Middle District of Florida
www.justice.gov/ust/index.htm - U.S. Trustee Program

Approved Debtor Education Courses:

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Are Domestic Violence, Repeat Violence or Dating Violence Injunctions Modifiable?

By Julie | Published: July 26, 2010

Injunctions for Protection from Domestic, Repeat, and Dating Violence are court orders which prohibit a person (called a Respondent) from having contact with another person (called a Petitioner) because of claims of violence or threats of violence. Once a judge has Sarasota Domestic Violence and Injunction Attorneysigned either a temporary or permanent injunction for… Continue reading

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