Tag Archive for: Bankruptcy Chapter 7

Chapter 7 Debts

/in , /by

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

/in /by

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

/1 Comment/in , /by

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