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Tampa Bankruptcy Attorneys and Lawyers
serving Tampa Bay Florida
Clearwater St. Petersburg Lakeland and Port Richey |
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Can the trustee ask for my tax refund?
Yes. In a Chapter 7 it is common for a debtor
to lose a nonexempt portion of the tax refund.
In a Chapter 13 it is up to the trustee’s
discretion if he wants to collect the tax
returns during the life of the plan. If in a
Chapter 13 the trustee wants the nonexempt
portion of the tax returns over the life of the
plan, talk to your attorney. They may be able to
make an argument on your behalf so you may keep
your refund. The debtor may also change their
deductions on their pay so that less money is
being withheld by the government making the tax
refund smaller to nonexistent. You must be
careful if you choose to use this method because
you may end up owing taxes for the year.
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In a Chapter 7 bankruptcy the trustee appraised
my automobile at a higher amount than I feel it
is worth, what can I do?
In this instance the debtor must get an
appraisal. Like in a motion to value, we will
try and work out the difference in value with
the trustee. |
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If I have a personal injury lawsuit and I file a
bankruptcy, do I get to keep the proceeds?
In most instances no. Once you file a
bankruptcy all assets are placed in the
bankruptcy estate. A personal injury lawsuit is
an asset, so in a Chapter 7 it is possible that
any cash award will be liquidated and the money
given to the creditors. In a Chapter 13, the
money has to be committed to the plan and once
awarded it must be turned over to the trustee. |
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What can a bankruptcy do to help with the
mortgage on my home?
A. If you are behind on your mortgage payment a
Chapter 13 bankruptcy is used to catch up on
those missed payments. You pay the trustee your
ongoing mortgage payment and mixed in that
payment are the missed payments, or arrears.
Now, if your house has multiple mortgages and it
has lost value, as long as the value of the
house is less than the first mortgage, we can
get rid of the subsequent mortgage. Example; if
a house is appraised at $100,000 and has a first
mortgage of $110,000 and a second of $20,000 we
can do a motion to strip and get rid of the
second mortgage. |
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What happens with my student loan while I am in
a Chapter 13 bankruptcy?
The student loan company puts them in
deferment. They may still however file a claim
and collect the unsecured portion that the
trustee is paying out each month in a Chapter 13
or may collect on their share of the money that
a Chapter 7 may disburse. |
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What is a mechanics lien?
In Florida, anyone who works on your property
or provides materials, and are not paid in full,
have the right to enforce their claim for
payment by putting a mechanics lien on your
property. A mechanics lien is a security device
to secure payment for work done. Florida Statute
$713 creates the designated group of people who
may file mechanics liens. They include, but are
not limited to; contractors, subcontractors,
suppliers, laborers and mechanics.
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Bankruptcy Attorney Consultation Questionnaire -
Microsoft Word Format
(Click below to open file, then save to your computer
hard drive, and complete)
Bankruptcy Attorneys
Questionnaire
Bankruptcy Attorney Consultation Questionnaire - Adobe
pdf Format
(Click below to open file, print and then complete)
Bankruptcy Attorneys
Questionnaire
Jay Matthew Weller, Attorney at Law
Bankruptcy Attorneys
Tampa Bay Florida
and Debt Consolidation Legal Services
Florida Law Firm with Offices in
Tampa Clearwater (Headquarters) Lakeland Port Richey
Phone: 1-800-407-3328 (DEBT)
www.jayweller.com
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Law and Weller Legal Group on the Internet!
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