Tag Archive for: bankruptcy

Memorial Day Sale

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Our Memorial Day Sale Now through  June 9th, 2019 pay you Chapter 7 in full at the consultation and receive $50 discount  (regular price is $795.00) for active military the discount is $100.   Call Now (727) 410-2705! Mention this post for discount.

 

 

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

Chapter 7 Now $795.00

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Clearwater Bankruptcy Attoreny

Chapter 7 now $795 includes personal property appraisal and credit report if you mention this post.   A savings of $228.

 

 

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

Middle District of Florida Amended Local Rules

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The Bankruptcy Court has amended the Local Rules in the Middle District of Florida effective July 1, 2016.  Some highlights are below:

L.R. 2091- 1
Attorneys – Duties of Debtor’s Counsel
This amendment renumbers the rule from 9011-1 to 2091-1 and revises the title of the rule to indicate that the rule applies to debtor’s counsel.

L.R. 2091-2
Attorneys – Withdrawals and Substitutions
Amendment renumbers the rule from 2091-1 to 2091-2 and clarifies that motions for leave to withdraw shall be filed using the negative notice procedures of Local Rule 2004-2.

L.R. 3002-1
Time for Filing Proofs of Claim in Reinstated Cases
Amendment extends the deadlines for filing proofs of claim in reinstated cases from 28 to 60 days and is now applicable to cases filed under all chapters.

 

http://www.flmb.uscourts.gov/localrules/amendments2016A.htm

 

 

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

US Middle District of Florida – Bankruptcy Court Announcement

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Pursuant to guidelines imposed by the Administrative Office of the United States Courts, effective immediately, a signed IRS Form W-9 must be on file before the release of funds held by the Court. Accordingly, the Court will routinely deny any Motion for Release of Unclaimed Funds filed without a completed W-9 form for the claimant.  Procedures on the Court’s website were updated to reflect this requirement. A link to IRS form W-9 is available on the Court’s website under the Motions for Release of Unclaimed Funds procedures. You may also locate the current IRS form W-9 by clicking here.

Also as a result of this change, viewing of Motions for Unclaimed Funds in CM/ECF will be restricted to protect the Claimant’s social security information contained on the IRS form W-9.

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

Crawford Claim For Time Barred Debts

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In Crawford v. LVNV Funding, LLC, the court held that a debt collector violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e, when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred.  The court concluded that, although the Code allows all creditors to file proofs of claim in bankruptcy cases, the Code does not at the same time protect those creditors from all liability.  Debt collectors – may be liable under the FDCPA for bankruptcy filings they know to be time-barred.  http://law.justia.com/cases/federal/appellate-courts/ca11/15-11240/15-11240-2016-05-24.html

 

 

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

Bankruptcy Form Changes April 1, 2016

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Under Section 106 of the Bankruptcy Code Changes are made every three years  based on the change to the consumer price index, and rounded to the nearest $25.  The following forms are pending change: 

  • Official Form 106C, The Property You Claim as Exempt
  • Official Form 107, Your Statement of Financial Affairs for Individuals Filing for Bankruptcy
  • Official Form 201, Voluntary Petition for Non-Individuals
  • Official Form 207, Statement of Your Financial Affairs
  • Official Form 410, Proof of Claim
  • Official Form 122A-2, Chapter 7 Means Test Calculation
  • Official Form 122C-2, Chapter 13 Calculation of Your Disposable Income
  • Director’s Form 2000, Required Lists, Schedules, Statements, and Fees
  • Director’s Form 2500E, Instructions
  • Local Form 97-A, Debtor’s Certificate of Compliance, Motion For Issuance of Discharge and Notice of Deadline to Object
  • Local Form 97-B, Debtor’s Certificate of Compliance, Motion For Issuance of Discharge Before Completion of Plan Payments, and Notice of Deadline to Object
  • Instructions for Individual Debtors
  • Instructions for Non-Individual Debtors

 

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

 

Order 11th Cir – Lodge v. Kondaur – stay violation that causes emotional harm can be “actual” damages under 362(k)

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bk1

Consumer debtors claimed violation of the bankruptcy stay based on a “Notice of Sale” that was published in a local newspaper, and in letters that they received from law firms.  The sale was canceled but debtors did not learn that until later.

Although two separate motions for relief from stay were filed by two different “creditors”, the motions were never ruled on and the stay remained in effect throughout the bankruptcy proceedings.  After discharge, the debtors sued seeking  damages under § 362(k) for their emotional distress.

The First, Seventh, and Ninth Circuits have ruled that emotional damages are encompassed within the  “actual” damages provision in § 362(k).  The Fifth Circuit has indicated agreement with this determination.

The Ninth Circuit set up a test for courts to apply when considering whether a plaintiff can recover damages for emotional distress:

1. the plaintiff suffered “significant harm,” as opposed to “[f]leeting or trivial anxiety or distress”;

2. that significant harm is “clearly establish[ed]”; and

3. there is “a causal connection between that significant harm and the violation of the automatic stay (as distinct, for instance, from the anxiety and pressures inherent in the bankruptcy process).”

The Ninth Circuit explained that the second part of the test can be covered by corroborating medical evidence or non-expert testimony (family members, friends, or co-workers) about the manifestations of the anguish.

Lodge v. Kondaur Capital Corp., — F.3d —-, 2014 WL 1813298 (11th Cir. May 8, 2014)

 

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]

Revised Chapter 13 Model Plan in Ft. Myers and Tampa

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The judges of the Tampa and Ft. Myers Divisions have revised the approved Chapter 13 Model Plan. The revised Model Plan must be used by all Chapter 13 debtors in cases filed on or after June 1, 2014.

Changes from the previous model plan include:
Paragraph 5 which provides that secured creditors who have filed proofs of claim prior to the claims bar date or within 14 days from the date of an order converting or dismissing the case, whichever date is earlier, shall have an administrative lien on plan payments paid by the debtor to the Chapter 13 Trustee prior to confirmation.

Paragraph 5(G), (H) and (I) of the Model Plan.

In 5(G), the debtor may elect to pay secured claims/leased claims direct to the creditor.  If the Debtor makes this election, the automatic stay and any codebtor stay are terminated in rem upon the filing of the Plan.  The debtor’s state law contract rights are not abrogated.

In 5(H), the debtor may designate secured claims that are not provided for under the plan. The automatic stay and any codebtor stay are terminated, the debtor’s liability to the creditor is not discharged under the plan, and the debtor’s state law contract rights are not abrogated.

In 5(I), the debtor may elect to surrender secured/leased property. The automatic stay is terminated in rem as to the secured creditor.

Revisions have also been made to the following form orders to make them consistent with the revised Model Plan: Order Establishing Duties of Debtor, etc., the Order Granting Trustee’s Motion to Dismiss, and the Order Governing Procedures After Conversion to Chapter 7.

Click to download Chapter 13 Plan (pdf)

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]

PAYDAY Lenders – Indian Tribes

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Judge, Gloria M. Navarro of the Federal District Court in Nevada, said that the FTC was within its rights to pursue payday lenders that claim their ties to Native American tribes make them immune to laws restricting high-cost loans, its case against one such lender, AMG Services, which the commission accused of misleading borrowers desperate for cash.
http://www.ftc.gov/system/files/documents/cases/140319amgorder.pdf

Regulators in at least 21 states have tried to go after lenders connected to tribes. Illinois attorney general filed a lawsuit against All Credit Lenders, a short-term lender that the office accused of violating state usury laws that cap interest rates at 36 percent.
http://dealbook.nytimes.com/2014/03/18/costly-loans-are-drawing-attention-from-states/

The concern is hidden fees and other costs can make interest rates skyrocket above 300 percent, trapping consumers in a long cycle of debt.

This is why it’s important to shop around before you sign the deal, no matter how desperate for the cash you may be, don’t get yourself into more difficulties down the line. Across the United States, you can find various regulators offering caps on fees and interest rates. The Flordia (the Miami) area seems to be one of the better places to take out one of these PayDay loans, here’s more on payday loans in Florida.

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; email: [email protected]

Bankruptcy Court Fee Schedule

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The Bankruptcy Court Fee Schedule effective June 1, 2014 is as follows:

Chapter 7 will be $335.00

Chapter 9 will be $1,717.00

Chapter 11 will be $1,717.00

Chapter 12 will be $275.00

Chapter 13 will be $310.00

Chapter 15 will be $1,717.00

The fee for filing a complaint increases to $350.00.

The following administrative fees are increased to the totals noted:

– For the filing of a petition under Chapter 7, 12, or 13, $75.00.

– For the filing of a petition under Chapter 9, 11, or 15, $550.00.

– When a motion to divide a joint case under Chapter 7, 12, or 13 is filed, $75.00.

– When a motion to divide a joint case under Chapter 11 is filed, $550.00.

Chapter 7 will be $335.00

Chapter 9 will be $1,717.00

Chapter 11 will be $1,717.00

Chapter 12 will be $275.00

Chapter 13 will be $310.00

Chapter 15 will be $1,717.00
To learn more about filing for bankruptcy in Clearwater, Florida please take a look through my site.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]