How to Avoid Defaulting on Your Car Loan

Unfortunately, this has been a challenging year in many aspects. Unemployment is no exception. Many people have seen their hours at work reduced while others have had their jobs disappear altogether. When this happens, it results in making tough decisions regarding when and how to spend your money. This may leave you feeling desperate to keep your car. Nobody would blame you for feeling this way. After all, if you don’t have a vehicle it’s very hard to get anywhere. Fortunately, there are some things Read More +

Workout One Day Per Week

Lifting weights one day per week may be the better approach for many people seeking to develop and improve their musculature. Those who are new to the process of building the body or muscles through weightlifting, or body building, often find that they achieve much of their improvement in musculature during the initial weeks or months of their training. These gains are often referred to as “newbie” gains by personal trainers or coaches. When one initially begins lifting weights, the hypertrophy, or muscle growth, is Read More +

Acceleration of Business Bankruptcy Filings

Running a profitable business is always hard work, and unfortunately, the coronavirus pandemic has made it even harder. The number of businesses that have filed for bankruptcy has skyrocketed since lockdowns began, and the rate has shown few signs of slowing. Business bankruptcy filing rates this year have been the highest since 2013 and surging cases of Covid-19 across America point to the elevated rates remaining high for the foreseeable future. If you own a business that is struggling with debt due to the coronavirus Read More +

Bankruptcy and Evictions

Prior to the enactment of the 2005 Bankruptcy Abuse and Consumer Protection Act, the filing of a bankruptcy generally operating as a stay of eviction proceedings. In bankruptcy, this is referred to as the automatic stay. Today, the bankruptcy filing: Does not stay or stop an eviction order or a judgment for possession; If there is no judgment for possession or eviction the bankruptcy filing generally means the eviction is at least temporarily stopped or stayed; The bankruptcy filing does not stay eviction proceedings if Read More +

Determining Applicable Exemptions in Bankruptcy

STEPS 1. Bankruptcy Code Section 522 states that in determining what Exemptions the Debtor shall apply, whether Federal or State Exemptions, one must refer to Bankruptcy Code Section 522(b)(3)(A). The applicable Bankruptcy Section states that the Domicile of the Debtor for the 730 days preceding the filing of the Bankruptcy Petition determines the applicable Exemption. Domicile is generally defined as the place where the Debtor intends to make his or her permanent home. 2. If the Debtor’s Domicile was not in a single State for Read More +

Tampa Businesses and Coronavirus – Closed, Closing and Not Coming Back?

Due to the reaction, both public and private, to what is described as the coronavirus pandemic, many businesses in the Tampa and greater Hillsborough County region, are closed. Many of the small businesses, particularly the small, family owned restaurants, are perhaps, permanently closed. Most small businesses generally operate on very thin margins. The taxes, regulations, and accelerating costs of operation have made the creation and continuation of many small businesses, largely untenable. The response to what is described as the coronavirus pandemic, whether through the Read More +

Florida Fraudulent Transfers

Florida has a statutory provision, formally referred to as the Uniform Fraudulent Transfer Act. (726.101) Florida Statute 726.105 governs when transfers are considered fraudulent as to present and future creditors. These ELEMENTS must be present for a transfer to be considered fraudulent: TRANSFER made or OBLIGATION incurred by a DEBTOR CREDITORS claim can arise BEFORE or AFTER the obligation was incurred DEBTOR made TRANSFER with: ACTUAL INTENT to hinder, delay, or defraud any creditor of the debtor OR (CONSTRUCTIVE INTENT) DEBTOR did not receive REASONABLY Read More +

Tampa Bankruptcy Attorney Explains Tampa and Hillsborough County Coronavirus Executive Orders

I am an attorney who primarily practices bankruptcy. The legality of Executive Orders issued by various governmental entities or officials is not a subject to which I devote much effort. Ask a question about bankruptcy and I am likely to know the answer. There are attorneys and persons who are not attorneys who are better versed on the legality of such executive orders. This article will not address the legality or enforceability of the executive order administered in Hillsborough County and Tampa. On July 7, Read More +

Summer Activities and Coronavirus

If you live in Tampa, FL, or plan on traveling there this summer, you’re probably concerned about participating in all the fun things the state has to offer. While summer is typically a prime time for vacations and amusement, coronavirus has turned all that upside down. You’re probably wondering just like everyone else in the world right now, what is safe and what is not. While social distancing and wearing a mask are key components to protect yourself and others and are the best defense Read More +

Bankruptcy Proof of Claims for Dummies

Bankruptcy Rule 3002 governs primarily the deadlines surrounding when a Creditor must file a proof of claim under various Chapters of Bankruptcy. A Creditor that does not file a proof of claim, files such claim late, or has its claim disallowed, may find that it will be excluded from any distribution or dividend available through the liquidation of assets in a Chapter 7 Bankruptcy, or the payment to Creditors of monies in a Chapter 13 Bankruptcy. DAYS 70  Proof of claim is timely filed within Read More +