Tag Archive for: Carol Lawson

Thank You Corona Virus ! !

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So if you are anything like me the  Corona Virus has shut down your business, or stopped your income and your wondering, what the hell do I do now to pay my bills??

This post is to explore several options that may be available to you.

  1. SBA Loan for Women.   Minimum 620 credit score, no bankruptcies, no foreclosures, no defaulted student loans, no defaulted federal loans of any kind. https://www.fundingcircle.com/us/resources/small-business-loans-for-women/   https://www.sba.gov/size-standards/?ms=nid4788 If you can meat the requirements $25k- $500K they also want collateral like your personal residence. Basically not user friendly at all. For women-owned business loans under $25,000, either 7(a) or Express, no collateral is required.  A personal guarantee is required. Other SBA loan programs https://www.fundingcircle.com/us/resources/sba-loans/ most programs like credit scores of 700 or above. https://www.sba.gov/funding-programs/loans/coronavirus-relief-options 
  2. Bank Loan.    This type takes into consideration your debt to income ratio and your credit score.
  3. Unemployment.    Yes even if you are self-employed you can now apply under the Department of Labor’s Pandemic Unemployment Assistance Program,  make sure you mark the reason as COVID-19. If you are applying in Florida do it at 2 am. Trust me, it took me 15 hours to figure this out, the damn site crashes continuously at normal hours.  connectmyflorida.com   
    UPDATE : They are now shutting down the website at 8pm every night and it is not accessible to 7 am the next day.  Also, they seem to be shutting it down on weekends.
    UPDATE:  You must  file a separate pandemic claim if you are self -employed, and send your 10999, and tax return within 21  days of filing it to  FLDEO.
  4. Stimulus Check.   A one time check $1,200 if you earn up to $99,999, and $500 for each child 16 and under. If you are on social security or disability and don’t file taxes you still should be getting a check.
  5.  Small Business Loan.    There are multiple programs available.  https://www.uschamber.com/sites/default/files/023595_comm_corona_virus_smallbiz_loan_final.pdf?fbclid=IwAR0Ezms22WuTWHvJLRoaSWvRUgwo7MYfOCrHG7q0ds18P5cpMTAnyiM_lFA%F0%9D%97%A3%F0%9D%97%A3%F0%9D%97%A3
  6. County and City Programs.  Some Cities and Counties have established programs to help their local small businesses. Tampa is one such city.

 

 

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

HOW WILL YOUR BANKRUPTCY AFFECT YOU PERSONAL

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HOW WILL YOUR BANKRUPTCY AFFECT YOU PERSONAL INJURY CASE?

How will Bankruptcy affect your Personal injury case? This greatly depends on which occurred first, and which chapter of bankruptcy you are in. Is your personal injury case pending and you needed to file bankruptcy? Or were you in bankruptcy when you were injured and your personal injury case arose? Are you worried now about getting the right personal injury lawyer? Well don’t worry, there are plenty that you could pick from. Why not check out someone like this Columbia personal injury attorney to give you a better idea of what to expect.

When did the Injury occur? If it was before you filed bankruptcy it is the property of the estate.

Chapter 7

If your personal injury case is pending and you file Chapter 7, you will lose your claim (Bk §101(5)) entirely, it will become the property of the estate, including your entitlement for payment of future medical expenses. The trustee will settle the claim liquidating damages, for the benefit of your creditors (Bk Code §726) (BK Code §521(a)). The bankruptcy judge will enter an order approving your settlement. The injured party- debtor has no standing to object to this settlement unless they can convince the judge that the claim would have sufficient recovery to pay all creditors in full and a surplus for the debtor. The Debtor bears the burden of proof.

There are some personal injury claims that are exempt from this such as a Worker’s Compensation Claim. Contact our office for more details.

Also, the Debtor needs to be aware that any medical expenses incurred after the filing of the bankruptcy petition are not discharged in the bankruptcy. You will not be released from personal liability. The trustee will pay only a portion of those medical bills as part of the estate’s administration.

It is also extremely important that your personal injury attorney and your bankruptcy attorney be made aware of your filing both for your protection and theirs. If you would like some more guidance on what to do then you should check out a website like www.nehoralaw.com, this might help you have a better understanding of what to do. Insurance companies regularly check bankruptcy filings to see if you disclosed the claim and if it was done so properly. Failure to disclose can result in the insurance defense attorney moving to have your case dismissed on the day of trial, as the trustee is now the proper party plaintiff. If the statute of limitations has run, then the trustee’s only recourse is now to sue you, revoke your discharge and possibly refer you for criminal fraud charges to the F.B.I.!

Property interests or settlements you may be entitled to within 180 days of filing your bankruptcy petition are also subject to administration by the bankruptcy court.

Your personal injury attorney needs to know not only for how they are going to administer your case going forward, but they must be selected by the trustee, and appointed by the court to continue in your case and receive compensation. There are loads of personal injury attorneys that you could get. For example, you could check out someone like this Forth Worth Personal Injury Lawyer, but there are plenty of others that you could pick from.

Chapter 13

If your personal injury case is pending and you file Chapter 13, you again must disclose the personal injury claim. The debtor will be able to choose and retain counsel, pending court approval. The personal injury attorney will represent both the debtor and the bankruptcy estate/ chapter 13 trustee. Once a settlement is agreed to it must be approved by the bankruptcy court, along with the personal injury attorney’s motion for attorney fees and costs. The Court under a separate motion the Court will determine the distribution of the remaining proceeds between the debtor and the bankruptcy estate.

If you are experiencing problems with multiple creditors, and can benefit by filing bankruptcy while awaiting the resolution of your personal injury claim, or would like to discuss any debt issues, contact our office to schedule a free consultation.

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

FLORIDA EXEMPTION STATUTES

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One of the most common questions I receive are what exemptions are available to me in Florida under bankruptcy.   I have  included a list of  exemptions under the bankruptcy code below.   Please remember to contact us for your bankruptcy needs .

FLORIDA EXEMPTION STATUTES

Description LAW Max Individual Amount Max Joint Amount
Alimony Child Support FSA § 222.201, U.S.C.§  522(d)(10)(D) UNLIMITED
Annuity Contract Proceeds FSA § 222.14 UNLIMITED
Any Personal Property – No Benefit from Homestead Exemption FSA § 222.25(4) $4,000.00 $8,000.00
Benefits – Public Employee Optional Retirement Program FSA § 121.4501 UNLIMITED
Benefits Exempt From Taxes And Execution FSA §112.359 UNLIMITED
Benefits Payable Under The System FSA §121.091 UNLIMITED
Church Benefit Plans And Church Benefit Board FSA § 624.4031 UNLIMITED
Community College Optional Retirement Program FSA § 1012.875 UNLIMITED
Coverdell Education Savings Account FSA § 222.22 UNLIMITED
Crime Victims§ Compensation -100% FSA §960.14 UNLIMITED
Disability Insurance Benefits-100% FSA § 222.18 UNLIMITED
Disposable Earnings-Head of Family Earning<=$500/Week-100% FSA § 222.11(2)(a) UNLIMITED – 6months
Disposable Earnings-Head of Family Earning>$500/Week FSA § 222.11(2)(b) UNLIMITED 6 months
Disposable Earnings-Non-Head of Family 30x Minimum Wage FSA § 222.11(2)(c ) UNLIMITED 6 months
Florida Retirement System Preservation Of Benefits Plan FSA §121.1001 UNLIMITED
Fraternal Benefit Society Benefits FSA § 632.619 UNLIMITED
Gov. Employees Deferred Comp. Benefits FSA § 112.215 UNLIMITED
Health Aids – Prescribed FSA § 222.25(2) UNLIMITED
Health Insurance – Retired Public Employees FSA § 112.363(9) UNLIMITED
Homestead Fla. Const., Art. 10, §4(a)(1), FSA §§ 222.01, 222.02 UNLIMITED
Hurricane Savings Account FSA § 222.22 UNLIMITED
Life Insurance – Cash Surrender Value FSA § 222.14 UNLIMITED
Life Insurance Proceeds FSA § 222.13 UNLIMITED
Materials Furnished to Improve Real Property FSA § 713.17 UNLIMITED
Mobile Or Modular Home FSA § 222.05 UNLIMITED
Moneys Paid In To Or Out Of Medical Savings Account FSA § 222.22 UNLIMITED
Motor Vehicle (One) FSA § 222.25(1) $1,000.00 $2,000.00
Motor Vehicle Financial Responsibility Deposits FSA § 324.161 UNLIMITED
Optional Retirement Program For The State University System FSA §121.35 UNLIMITED
Partner’s interest in Partnership Property FSA §620.153, 620.8307 UNLIMITED
Partnership Interest FSA §620.8504 UNLIMITED
Payment For Injuries/Death (Hazardous Occupations) FSA § 769.05 UNLIMITED
Pension Money Of U.S. Pensioner FSA § 222.21(1) UNLIMITED
Personal Property Art. 10 § 4(a)(2), FSA § 222.061 $1,000.00 $2,000.00
Preneed Funeral Contract Consumer Protection Trust Fund FSA §497.456 UNLIMITED
Property Listed In 11 USC 522(d)(10) FSA § 222.201 UNLIMITED
Qualified Tuition Programs FSA § 222.22 UNLIMITED
Retiree Health Insurance Subsidy FSA §185.50 UNLIMITED
Retiree Health Insurance Subsidy FSA §185.50 UNLIMITED
Retirement Benefits – Firemen-100% FSA § 175.241 UNLIMITED
Retirement Benefits – Police-100% FSA § 185.25 UNLIMITED
Retirement Benefits – Public Employee-10 FSA § 121.131, 121.055 (6)(e)2 UNLIMITED
Retirement Benefits – State & City Empl. FSA § 122.15 UNLIMITED
Retirement Benefits – Teachers-100% FSA § 238.15 UNLIMITED
Retirement, Profit-Sharing Benefits FSA § 222.21(2) UNLIMITED
Senior Management Service Class FSA §121.055 UNLIMITED
Social Security, Public Assistance Benefits FSA § 222.201, U.S.C.§  522(d)()(10)(A) UNLIMITED
Tax refunds or Credits FSA § 222.25(3) UNLIMITED
Unemployment Compensation Benefits FSA § 443.051(2) UNLIMITED
Veteran’s Benefits FSA § 744.626 UNLIMITED
Wages, Travel Expenses, Unemployment Compensation Payments FSA § 222.16 UNLIMITED
Workmen’s Compensation Benefits FSA § 440.22 UNLIMITED

 

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

Failure to Disclose Claim in Bankruptcy Petition

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Lewis v. Portfolio Recovery Associates, LLC 

The Debtor filed a Chapter 7 Bankruptcy in NJ.  The Debtor did not disclose his FDCPA action and received a discharge.

The debtor  then filed a lawsuit alleging the defendant sent him a letter in an attempt to collect a debt that contained a “mini-Miranda” warning in a box entitled “Account Details.” According to the debtor, by mislabeling his legal rights as “Account Details,” the defendant’s correspondence was misleading and designed to confuse the debtor as to the nature of the debt and his rights.

Portfolio Recovery Associates argued that the debtor lacked standing to sue because he failed to schedule the lawsuit as a personal asset. 

 Section 541(a)(1) of title 11 of the U.S. Code provides that a bankruptcy estate comprises “all legal or equitable interests of the debtor in property as of the commencement of the case.” In re Allen, 768 F.3d 274, 281 (3d Cir. 2014). The scope of Section 541(a)(1) is broad, and includes possible legal causes action. Id. It imposes upon a debtor an ongoing affirmative obligation to disclose all assets and liabilities to the bankruptcy court before discharge, including pending and contingent claims. A failure to list an asset as property of the bankruptcy estate does not prevent it from becoming property of the estate.

With regards to undisclosed claims see  Schafer v. Decision One Mortg. Corp., 2009 U.S. Dist. LEXIS 56639, *12 (E.D. Pa. July 1, 2009). In order for a debtor to obtain standing, the trustee must abandon the unscheduled claim, whether voluntarily or pursuant to a court order. 11 U.S.C. § 554(a)-(b).

 

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 13 Bankruptcy Overview

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This is a slide show presentation on Chapter 13 click  the link to continue

https://www.haikudeck.com/copy-of-haiku-deck-in-action-business-presentation-74c47b369e

 

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

Happy Thanksgiving

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Thanksgiving Day is a national holiday celebrated in Canada and the United States as a day of giving thanks for the blessing of the harvest and of the preceding year. It is celebrated on the second Monday of October in Canada and on the fourth Thursday of November in the United States. Thanksgiving has its historical roots in religious and cultural traditions and has long been celebrated in a secular manner as well.

 

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