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

Julie — Mon, 23 Aug 2010 15:39:27 +0000

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. ———————- Need a Sarasota Bankruptcy [...]

Do I have to file bankruptcy with my spouse?

Julie — Mon, 23 Aug 2010 15:35:59 +0000

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.
———————-
Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

What is the Automatic Stay?

Julie — Mon, 23 Aug 2010 15:32:03 +0000

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 to your creditors, especially if there is a threat of repossession before they get notice.

—-
Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

Will filing a Bankruptcy stop my creditors from calling me?

Julie — Mon, 23 Aug 2010 15:23:33 +0000

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. ——————————– Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

How often can I file Bankruptcy?

Julie — Mon, 23 Aug 2010 15:16:25 +0000

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 Chapter 13 filing.

As with anything, there are exceptions, especially for “repeat filers” and cases which were dismissed for abuse.

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

Will Chapter 7 erase all my debt?

Julie — Mon, 23 Aug 2010 15:11:57 +0000

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 owed to pensions

————————————————–

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

What is the difference between a Chapter 7 and 13?

Julie — Mon, 23 Aug 2010 15:04:17 +0000

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, will sell those assets to pay your creditors. At the end of the process, which usually lasts 6 months, all your dischargeable debt will be erased.

Chapter 13 is known as “reorganization” or “wage earner’s” bankruptcy. It is generally for people with a steady income, who have money left over at the end of the month to pay to their creditors. Chapter 13 is also appropriate for those who have assets they wish to keep. The payment plan lasts 3 – 5 years, and at the end your debts are discharged.
——————————–

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

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

admin — Thu, 12 Aug 2010 14:56:50 +0000

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 also your creditors, they will not receive notice. Your bankruptcy is a matter of public record once it is filed in Federal Court, but will not be published in the newspaper. So, generally speaking, the only people who will know of your bankruptcy are your creditors and those people you choose to tell. Please do not let fear of your neighbors finding out prevent you from getting as fresh start!
———————-

Julie Collins

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

Some Online Bankruptcy Resources

Julie — Wed, 04 Aug 2010 14:55:05 +0000

Bankruptcy Appraisal Resources:

www.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:

http://www.justice.gov/ust/eo/bapcpa/ccde/de_approved.htm

Emotional Support:

www.flmb.uscourts.gov/support/
www.debtorsanonymous.com

———————–

Julie Collins

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

Julie — Mon, 26 Jul 2010 16:00:34 +0000

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 signed either a temporary or permanent injunction for protection from violence, the Respondent is under a court order prohibiting that person from having contact with the Petitioner. There are always other terms and conditions of these types of injunctions.

Pursuant to Florida law, an injunction for domestic, repeat or dating violence is modifiable at either time. Either party can file a motion to modify an injunction, by which they requesting that the terms of the injunction change. Either party can also file a motion to dissolve an injunction, which means that the injunction is no longer in effect. Depending on the facts of a particular case, the injunction may be modified or dissolved if one of the parties can show good cause. Some judges require that there be a change in the circumstances to warrant a modification of an injunction, whereas other judges have ruled that no such change is necessary. In either event, before a judge will modify or dissolve an injunction, the party seeking the modification has the burden to prove that good cause exists for the change.

It is important that both parties understand that only a judge can modify or dissolve an injunction. Any modifications to an injunction that are not approved by court order have no legal effect. This comes into play often with domestic violence injunctions where the parties reconcile after the injunction is entered. In this situation, even though the parties have agreed to reconcile, without a court order modifying or dissolving the injunction, the person subject to an injunction can be arrested and charged with a crime because the court order prohibiting contact between the parties is still in effect.

If you need legal counsel regarding an injunction please contact Collins, Maynard and Associates for a free consultation.