Archive for April, 2014

Filing Without An Attorney

Wednesday, April 16th, 2014
Legal Information From United States Bankruptcy Court
Middle District of Florida

General Warning About ProceedingĀ  Without An Attorney

Filing for bankruptcy may be done without an attorney. However, it is highly recommended that you retain the services of an attorney to guide you through this complex process. The bankruptcy laws are very technical and you are required to complete and sign, under penalty of perjury, various official forms. Your failure to complete these forms truthfully and timely may result in the dismissal of your case and may adversely affect any future bankruptcy filing.

Only an attorney can give you legal advice. The Bankruptcy Court Clerk’s Office staff is prohibited by law from providing legal advice and cannot aid debtors in the completion of required forms. Many typing and transcribing companies advertise as Bankruptcy Petition Preparers and for a fee they will complete your bankruptcy forms with information you provide. Bankruptcy Petition Preparers are NOT attorneys and may NOT give legal advice. Their failure to timely and accurately complete your official forms may result in the dismissal of your case and may adversely affect any future bankruptcy filing.

If you filed for bankruptcy in the past, the manner in which that case was disposed of may further complicate a new bankruptcy case. You may not be eligible to receive the protection of the automatic stay, the automatic stay may be limited or you may not be eligible to receive a discharge of debts. These are issues that warrant the advice of competent legal counsel.

Bankruptcy for a debtor has long-term financial and legal consequences. This court strongly encourages you to obtain the assistance of an attorney.

Carolyn Secor is a Clearwater bankruptcy attorney and Clearwater foreclosure attorney serving Palm Harbor, New Port Richey, Oldsmar, Tarpon Springs, Seminole, St. PetersburgĀ and the Tampa Bay area.

If you would like more information on our practice, please consult our website at:

www.bankruptcyfortampa.com
or call (727) 254-1704.

Chapter 7 Bankruptcy Exempt Property

Tuesday, April 1st, 2014
news article by admin

Did you know that Chapter 7 bankruptcy is designed to provide quick relief from credit cards, personal loans and other unsecured debts?

Under Chapter 7 law, a filer may have to part with some property in order to partially repay their creditors. The good news is that bankruptcy laws allow certain property to by kept by the filer by claiming them as exempt. In fact, many filers find their assets completely protected by the exemptions in their state.

Exempt Property in Chapter 7 Bankruptcy

Chapter 7 bankruptcy exemptions vary in their specifics from state to state, but generally include many of the same categories. These categories often include:

  • Homestead: In most states, a home up to a certain value is exempt under Chapter 7 laws. If you have no home equity or rent your home, you may not have to worry about this. Note: If you have a home are facing foreclosure, Chapter 13 may work better for you.
  • Wages: Many states set limits on how much of your wages can legally be taken by creditors, based on your household’s annual income. Generally, wage garnishment can be halted altogether by filing for bankruptcy, thanks to a legal protection called the automatic stay.
  • Automobile: Another common exemption, the automobile exemption generally has a set value limit, which means that if you drive an older car or one with a low fair market value, you may stand a decent chance of being able to keep it in bankruptcy.
  • Personal property: This exemption has perhaps the most variation from state to state. Some states set a dollar limit to all personal property that can be exempted, and some states set individual limits for clothing, books, trade tools, jewelry and similar categories.

Carolyn Secor is a Clearwater bankruptcy attorney and Clearwater foreclosure attorney serving Palm Harbor, New Port Richey, Oldsmar, Tarpon Springs, Seminole, St. PetersburgĀ and the Tampa Bay area.

If you would like more information on our practice, please consult our website at:

www.bankruptcyfortampa.com
or call (727) 254-1704.