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2. How long does a Judgment or
Foreclosure stay on my credit report? Up to 30 years.
3. What is a garnishment?
After a creditor obtains a Judgment against you, the creditor can often
take a portion of your wages or take money from your bank account.
4. Do bad remarks come off my credit in 7 years?
Bad remarks should be removed after 7 years; however, creditors often
misreport or sell the debt to other agencies that continue to report after
the 7 years are up. We can help you with credit repair where a creditor
continues to report after the 7-year period.
5. Can a creditor object to the dischargeability of its debt?
Yes, but only in very rare circumstances such as fraud. If only certain
debts are ruled non-dischargeable, you will still receive a discharge
order. However, you would remain legally responsible for those
non-dischargeable debts.
6. I filed bankruptcy before; can I file Bankruptcy again?
Yes. You are eligible to receive a Chapter 7 discharge 8 years after a
previous Chapter 7 or 6 years after a previous Chapter 13. You are
eligible to receive a Chapter 13 discharge 4 years after a previous
Chapter 7 or 2 years after a previous Chapter 13. You may be able to file
another Chapter 13 bankruptcy before the five year mark but you will
probably not receive a bankruptcy discharge.
7. Can a discharge be revoked?
It is extremely rare for a trustee to attempt to revoke a Debtors
discharge. A discharge can be revoked where a Debtor commits fraud or
fails to surrender non-exempt property.
8. Can a discharge be denied?
Only in rare circumstances such as when the Debtor: (1) failed to keep or
produce adequate books or financial records, (2) failed to satisfactorily
explain any loss of assets, (3) committed a bankruptcy crime such as
perjury, (4) failed to obey a lawful order of the bankruptcy court, or (5)
fraudulently transferred, concealed, or destroyed property that would have
become property of the estate.
9. Where is the Bankruptcy court?
The Tampa Bankruptcy court is at 801 N. Florida Avenue, Tampa, Florida
33602. Tampa 341 Meetings are conducted at the Timberlake Annex located at
501 E. Polk St. in downtown Tampa (on the south side of Polk St). The
Orlando Courthouse is at 135 West Central Boulevard Orlando, Florida
32801. The Jacksonville Courthouse is at 300 North Hogan Street,
Jacksonville, Florida 32202. The Fort Myers Courthouse is located at 2110
First Street, Fort Myers, Florida 33901.
Tampa Division of Florida
Bankruptcy Court includes the following counties, cities and
respective areas:
Hardee County Bankruptcy including Zolfo Springs and Wachula
Hernando Bankruptcy including Brooksville, Spring Hill and Ridge
Manor
Hillsborough County Bankruptcy including Tampa, Plant City, Brandon,
Lutz, Apollo Beach, Ruskin. Gibsonton, Riverview, and Sun City
Manatee County Bankruptcy including Bradenton, Ellenton, Parrish,
and Myakka City
Pasco County Bankruptcy including Port Richey, New Port Richey,
Bayonet Point and Hudson
Pinellas County Bankruptcy including Clearwater, St. Petersburg,
Palm Harbor, Safety Harbor, Dunedin, Pinellas Park, and Largo
Polk County Bankruptcy including Lakeland, Winter haven, Polk City,
Bartow, Mulberry, Fort Meade, and Lake Wales
Sarasota County Bankruptcy including Sarasota, Venice, North Port
and Englewood
10. What can I do if a creditor attempts to collect even after the case
is filed?
You should immediately notify the creditor that you have filed bankruptcy,
and provide them with the case name, case number, and filing date. Save
all documentation regarding the contact. Write down a history of phone
calls (creditor, time, date, etc.). If a creditor continues to attempt to
collect, you may be entitled to take legal action against the creditor to
obtain a specific order from the court prohibiting the creditor from
taking further collection action. If the creditor is willfully violating
the automatic stay, the Court may hold the creditor in contempt of court
and fine the creditor. Any such legal action brought against the creditor
will be complex and will normally dictate representation by a qualified
bankruptcy attorney.
11. Will I be denied student loans because of my Bankruptcy filing?
No. Under 11 USC 525 “a governmental unit that operates a student grant or
loan program and a person engaged in a business that includes the making
of loans guaranteed or insured under a student loan program may not deny a
student grant, loan, loan guarantee, or loan insurance to a person that is
or has been a debtor under this title or a bankruptcy or debtor under the
Bankruptcy Act . . .”
12. If I change my mind after filing, can I stop the bankruptcy?
In Chapter 13 cases, you can almost certainly voluntarily dismiss your
case after filing. In a Chapter 7 case, the Judge will decide if you can
voluntarily dismiss your case.
13. What does it mean when the Trustee abandons property?
This is good for you. It means the Trustee is not interested in selling
the property on behalf of your unsecured creditors.
14. Can I leave some debts out of my bankruptcy?
The Bankruptcy Code requires you to disclose all of your liabilities. You
may be able to “reaffirm” certain debts (keep the debt and keep paying on
it).
15. Does my spouse need to file Bankruptcy with me?
It is not required for married Debtors to file together. If only one
spouse owes the debts, that individual should probably file an individual
bankruptcy. If most of the debts are joint, or both spouses have a lot of
debt, they should probably file a joint case. If filing to is stop a
foreclosure, only one spouse needs to file (the spouse filing must be on
the title).
16. Can I change my social security number to rebuild my credit?
A new Social Security number will be issued only if you can prove that
someone else has stolen your number and is using it illegally. If your
card has been lost or your number has fallen into the wrong hands, that's
generally not enough. You must provide evidence that the number is
actually being misused, and that the misuse is causing you harm. The
Social Security Administration will not give you a new SSN to avoid legal
responsibility, rebuild credit, or hide a criminal record.
17. Why shouldn’t I just use a bankruptcy petition preparer?
Generally, petitioners do not know what they are doing or are outright
scams.
Services of petition preparers are limited to the typing of forms.
Petition Preparers are not employed or supervised by attorneys. Petition
Preparers are not authorized to practice law and therefore cannot provide
you with legal advice. A Petition Preparer cannot represent you at any
court hearings or your 341 Meeting of Creditors.
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