Category Archives: Bankruptcy

What You Should Know About a FREE Consultation

What you should know about a FREE consultation.

The Collins Law Group offers a free consultation to evaluate your case. The consultation is your chance to speak with the attorney face to face to explain your situation and the issues involved; discuss the results you want; learn the Court’s procedure you must follow and find out how the attorney can help you. At the end of the consultation the… Continue reading

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Tips for Testifying in Court

Testifying in Court can be a very stressful experience. This is because most people have never been to court before, and don’t know what to expect.  Here are some tips that will make your appearance in court less stressful, and increase the chances of a positive outcome.

 Before You Testify

 1.  Practice.   Meet with your attorney beforehand to go over the questions your attorney… Continue reading

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If I File for Bankruptcy, Will I Have to Go to Court?

In a typical Chapter 7 bankruptcy, you will not be required to appear before a judge in Bankruptcy Court. But you will be required to attend one Meeting of Creditors, also known as the Section 341 meeting. This is held in a federal building located at 501 E. Polk Street, Tampa, Florida. The meeting is presided over by a Bankruptcy Trustee who has been assigned, and is familiar with… Continue reading

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Do I Have to File Bankruptcy with My Spouse?

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. It may be best to file jointly in that situation. It should also be noted that for purposes of determining just how much income… Continue reading

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What is the Automatic Stay?

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?

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?

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?

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?

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?

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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