How Do I Know If I Can File Chapter 7?

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To file for Chapter 7 bankruptcy, you must qualify under the Chapter 7 means test. The means test first compares your income to the median income in Florida. If your income is lower than Florida’s median income for the size of your household, you can file for Chapter 7 bankruptcy. However, if your income is greater than the median income, other calculations regarding your income and allowable expenses are required to determine whether or not you can file for Chapter 7 bankruptcy.

As of 5/1/2020, the Medium Family  Income is as follows:

State 1 earner Family Size
2 People 3 People 4 People *
Alabama $48,544 $56,918 $68,554 $82,991
Alaska $63,997 $77,589 $102,315 $103,055
Arizona $52,319 $65,713 $71,704 $86,950
Arkansas $43,230 $53,946 $58,258 $74,086
California $60,360 $79,271 $88,235 $101,315
Colorado $61,921 $81,155 $94,193 $107,867
Connecticut $66,689 $88,594 $101,666 $125,714
Delaware $55,578 $72,644 $84,584 $102,625
District of Columbia $63,414 $115,082 $129,777 $140,615
Florida $51,559 $62,736 $68,944 $82,560
Georgia $50,128 $65,007 $73,738 $87,317
Hawaii $65,977 $77,621 $100,620 $114,381
Idaho $52,117 $61,916 $67,422 $77,923
Illinois $54,877 $72,593 $83,759 $103,074
Indiana $48,834 $62,931 $73,537 $87,636
Iowa $51,579 $69,127 $78,930 $95,581
Kansas $51,867 $67,221 $76,999 $88,698
Kentucky $44,594 $56,257 $66,732 $80,115
Louisiana $45,634 $55,410 $63,039 $82,282
Maine $51,453 $64,889 $78,379 $95,614
Maryland $70,789 $90,424 $106,282 $128,272
Massachusetts $67,119 $84,125 $108,130 $134,418
Michigan $53,113 $64,428 $78,217 $93,653
Minnesota $58,050 $77,702 $97,657 $114,326
Mississippi $42,414 $51,904 $58,472 $69,732
Missouri $49,086 $61,519 $73,857 $92,129
Montana $51,074 $64,425 $74,919 $87,293
Nebraska $49,680 $69,294 $78,674 $95,445
Nevada $52,449 $65,756 $74,856 $81,528
New Hampshire $66,585 $80,429 $102,095 $122,523
New Jersey $69,705 $83,739 $106,650 $131,331
New Mexico $45,645 $56,327 $60,617 $67,560
New York $57,137 $72,642 $88,240 $107,550
North Carolina $48,772 $62,050 $69,162 $87,505
North Dakota $53,306 $80,899 $87,824 $99,327
Ohio $51,297 $64,665 $77,642 $93,239
Oklahoma $49,198 $59,495 $66,585 $76,691
Oregon $56,957 $71,838 $80,698 $99,074
Pennsylvania $54,605 $67,540 $83,868 $103,316
Rhode Island $61,706 $75,858 $85,100 $104,833
South Carolina $47,487 $61,529 $66,595 $81,226
South Dakota $47,906 $69,046 $70,326 $83,823
Tennessee $48,219 $60,913 $69,734 $79,701
Texas $50,902 $66,899 $73,948 $86,259
Utah $64,806 $69,006 $82,638 $93,474
Vermont $57,859 $75,602 $81,686 $103,627
Virginia $62,029 $79,412 $91,995 $111,993
Washington $67,511 $80,251 $92,568 $107,481
West Virginia $49,056 $52,028 $64,281 $76,273
Wisconsin $52,730 $68,363 $83,607 $100,098
Wyoming $62,090 $74,286 $78,310 $97,862
* Add $9,000 for each individual in excess of 4.
Commonwealth or U.S. Territory 1 earner Family Size
2 People 3 People 4 People *
Guam $42,770 $51,139 $58,275 $70,520
Northern Mariana Islands $28,722 $28,722 $33,416 $49,148
Puerto Rico $24,701 $24,701 $26,023 $34,108
Virgin Islands $33,935 $40,785 $43,486 $47,642
* Add $9,000 for each individual in excess of 4.

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney

 

Chapter 7 Debts

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The most common debts that are dischargeable in Chapter 7 bankruptcy include:

  • Credit card debt
  • Repossession deficiencies on vehicle loans
  • Medical bills
  • Personal loans
  • Judgments
  • Auto accident claims
  • Negligence claims
  • Business debts
  • Leases
  • Guaranties
  • Tax penalties over three years old
  • Income taxes that are not priority taxes

Under the United States Bankruptcy Code, Congress has determined that certain types of debt are not dischargeable in Chapter 7 bankruptcy for public policy reasons, which means you must still repay these debts after bankruptcy. The following debts are usually not dischargeable:

  • Child support and spousal support (alimony) obligations
  • Government-backed student loans
  • Debts incurred by fraud or intentional wrongdoing
  • Criminal fines and restitution

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney

Bankruptcy Process

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We’re committed to taking a full-service approach to each client’s unique personal and business needs.   From the day you retain us we are prepared to stop those harassing creditor phone calls. even if bankruptcy is not the right solution for you, we can recommend other debt-relief options,  Call us at (727) 410-2705 for a free consultation. Day, evening, and Weekend appointments are available.   You will not be handed off to a junior associate or a paralegal. All of your meetings will be with Carol A. Lawson, who will also personally return your calls and emails.  Bankruptcy is a complicated process and you deserve personal attention.

Our Easy 3-Step Bankruptcy Filing Process:

Step 1 Schedule a FREE initial consultation

During your free phone or zoom consultation, we will go over the intake sheet you have filled out and returned to our office prior to the meeting.  We will spend whatever time is necessary to answer your questions and analyze your case.   You will provide an estimate of the cost of your case based upon your unique circumstances.  We will provide you an intake package by email along with a contract for services following your consultation if you wish to proceed.

Step 2 Collect your paperwork and complete your package

You will then need to start collecting your documents and information. Once you are ready to proceed we will schedule an in-office appointment for you, generally about an hour to retain us and go over your documents and information.  After this appointment we will send out a personal property appraiser to appraise your household belongs and vehicles.   We also will send you a link to fill out to pull your credit report.  You should also take your Credit Counseling Class at this time.

Next we prepare your bankruptcy petition and schedules.  We then email the documents to you to review.

Step 3 Review your petition 

Next we schedule you an in-office visit, generally an hour, to go page by page through your petition and schedules with the attorney and review the documents for accuracy.  You will sign your documents at this visit.   Once the petition and schedules are executed we will electronically file them with the court.

Step 4  341 Creditors Meeting

Once your case is filed we will email you your case number immediately after filing. You should then take your  Debt Management Class.  In a few days we will email you again with the date and time of your creditor’s meeting, and instructions.  Your creditor’s meeting called a 341 after the section of the bankruptcy code, will be within 30 days of the date of your filing.

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney

 

Time Limits Between Bankruptcy Filings

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Many people are now wondering since I previously filed Chapter 7, can I file bankruptcy again?   Yes of course, there is no lifetime limit on filing.  There are however limits between filings.  Chapter 7 bankruptcies must have eight years between the filing date and the new Chapter 7  filing date.  If you previously filed Chapter 7 and are now thinking of filing Chapter 13,  you should wait four years in order to receive a discharge in Chapter 13.

  • If you file Chapter 13 within four years of filing Chapter 7, you cannot discharge your debts after you complete the three- to five-year Chapter 13 plan. You can still file Chapter 13 to keep creditors from suing you, garnishing your paychecks, or levying your bank account.  You may want to file another Chapter 7 bankruptcy when you have passed the eight-year mark.
  • If you file Chapter 13 four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan.

There are some circumstances where you may want to file a Chapter 13 right after receiving your discharge in Chapter 7,  even though you will not be eligible for a discharge in Chapter 13.   These are called Chapter 20 cases. This would be done to save your home for example, since there is not a way to do this under Chapter 7 if you are behind on payments.

Remember 2-4-6-8! 

Two Years – Two years between a prior Chapter 13 bankruptcy case and a new Chapter 13 Case.
Four Years – Four years between a prior Chapter 7 bankruptcy case and a new Chapter 13 case.
Six Years – Six years between a prior Chapter 13 bankruptcy case and a new Chapter 13 case.
Eight Years – Eight years between a prior Chapter 7 bankruptcy case and a new Chapter 7 case.

In some cases you can file a new Chapter 13 before your previous Chapter 13 is discharged. It also is possible to convert your case to Chapter 7 if your financial situation has drastically changed.   Give us a  call to discuss your particular case at (727) 410-2705.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney

 

 

COVID-19 Office Social Distancing Changes

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Our firm remains intact by both office and remote technology and is ready and able to assist anyone needing our services by phone and Zoom or Google Duo video call.   We are also executing, witnessing, and notarizing documents in the office, and receiving our paying clients in the office.  Masks are required, and will be provided to you if you do not have one.  We also provide gloves, hand sanitizer and disinfect the conference room between each client with Clorox wipes.  All safety procedures such as gloves, masks, hand sanitizer and Clorox bleach disinfect sanitizing are being taken for your safety.

We can receive documents through email, fax or in-person drop off upon arrangement with Carol or you may drop them off at the office with the receptionist.     

Payments can be made over various electronic methods, through the mail or in-person by arrangement. Call (727) 410-2705.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, #Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

 

Planning for the Care of Your Pet: How to Include Your Pet in Your Estate Plan

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If your pet is beloved as a family member, you likely want to ensure that he or she will be well cared for in the event of your incapacity or death.

Without explicitly stated wishes, these furry family members could end up without a home of their own, if you die or become unable to care for them.

To prevent this tragic outcome, include planning for your pet in your estate plan. Here are a few important issues to consider when planning your estate with your beloved pet in mind.

Who will get ownership of your pet?

Pets are property and not people. Because of this legal distinction, an agent must be named in your estate plan to take ownership of your pet or arrange for your pet to have a loving home. In absence of a legally enforceable document stating your wishes, your pet could suffer the fate of many when their owners pass on: an animal shelter.

How will that person provide for your pet?

Pets require food and medical care. These costs can be significant if your pet has a health condition or is aging. Money can be set aside for your pet with specific directions about how those funds can be used and by whom.

How will your pet be cared for?

You may want to consider leaving instructions on how your pet should be cared for, as well as consider financial incentives for the person you’ve named to care for your pet pursuant to your wishes. This is especially important if your pet has any health conditions, is aging or is an exotic animal. Detailed instructions (and the money to carry them out) will ensure your pet’s new guardian can provide the same quality of care you provide now.

To ensure all your loved ones are cared for when you die, it is necessary to create a comprehensive estate plan that will ensure all your wishes are carried out, even if you don’t consider yourself financially wealthy. If you are ready to take that step toward peace of mind, begin by coming in to meet with us.  As your Attorney, we can help you create a comprehensive estate plan that will protect your assets, your wishes and all your loved ones, furry friends included.

Contact me at (727) 420-2705 to schedule your appointment.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney#ClearwaterEstatePlanningAttorney                           #Pinellas ProbateAttorney

Florida Disaster Relief Unemployment and Federal Disaster Relief Unemployment

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Florida is still a nightmare as far as trying to get unemployment if you are self-employed or a gig worker. Forget  about getting any help from the unemployment office or speaking to a live human,

The most common unemployment issue right now is people still pending and waiting to get paid, and missing FPUC (Federal-$600), along with needing to backdate claims to receive past money owed to them.   The DEO is fully aware of this.

Another issue is people are seeing the PUA link (State Disaster) where they should be seeing the PEUC because their state UC has been exhausted.

What do all these letters mean you ask?  Here’s a breakdown.  PUA is for self-employed and 1099s who would otherwise receive no state benefits.  Instead of automatically converting the regular application to this like DEO first said they would for self-employed, you have to wait till the monetary determination decides to deny you and determine ineligibility for regular unemployment benefits.  Once they do this in the list of areas on the left side halfway down a link will appear to apply for the PUA. Fill it out. It will put in the date of the determination, not the date you started applying for unemployment.   You will receive somewhere between $125-$275  a week. Commencing 6/1/2020 you will need to login every week and submit 5 jobs you applied for or information about your career source contact.

FPUC is the Federal disaster relief program this is the $600 everyone is talking about. There doesn’t seem to be a link for most people to apply.  Also it will use the date of the PUA which is likely wrong.  So you need to fill out UC Modification Form – https://claimdate.myflorida.com/login

Representative Ann V. Eskamani ( [email protected]  ) has been hard at work posting information on Facebook regarding DEO and Unemployment Compensation.   She seems to be the only government official who cares.  Contact her staff regarding your issues at [email protected] .   You can find the escalation letter at https://forms.gle/F4NHDxuu9ADqk8847

You might also find some useful information at  http://www.floridajobs.org/docs 

Good Luck!!!!

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney#ClearwaterEstatePlanningAttorney                           #Pinellas ProbateAttorney

Three Health Care Documents You Need to Include in Your Estate Plan

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Decisions about your health care are some of the most important you will ever make.

Don’t put off making plans until you are unable to assert your wishes. Including health care documents in your estate plan can ensure your decisions are always your choice, even if you cannot speak for yourself.

Health care documents that clearly state your wishes should be included in your comprehensive estate plan. Here are three documents you need to include in your estate plan to ensure your wishes are respected:

Health Care Directive

This document allows you to name a health care agent. This will be the individual who you grant the authority to make certain decisions on your behalf. A health care agent may also be called a health care surrogate or a personal representative.

In your directive, you can include specific instructions on the health care measures you desire if you are unable to make decisions for yourself. These are life and death decisions; make sure your agent is someone you trust.  Work closely with an estate-planning lawyer to ensure your directive provides clear guidelines for your agent to follow.

HIPAA Authorization

Your health care agent or personal representative will need access to your medical records in order to make educated decisions about your care. To do this, your agent will need a HIPAA authorization. This will ensure he or she has access to your medical records from HIPAA-covered health care providers.

Living Will Declaration

A living will provides specific guidelines for your end of life care. While your health care directive can include provisions for your agent to make certain decisions about your ongoing health care, a living will tells your agent how you would like those decisions made, such as if and when you want life support to be removed, whether you would want hydration and nutrition and what kind of care choices should be made for you, if you cannot make them for yourself. These types of absolute decisions about your life should be included in a living will for extra protection and assurance your desires will be known and honored.

These documents, if carefully crafted, will help you express and enforce your healthcare wishes, even if you cannot speak for yourself. If you want to ensure your preferences for your ongoing and end of life care are respected, contact us to discuss your options today.

An Attorney can help you articulate and legally protect your healthcare wishes and preferences. We can guide you to create and complete these very important health care documents so you can have the peace of mind of knowing your family will make the right choices for you, when you cannot. Call me today to schedule your consultation (727) 410-2705.

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney#ClearwaterEstatePlanningAttorney                           #Pinellas ProbateAttorney