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    Category: bankruptcy

    • TAMPA BANKRUPTCY

      TAMPA BANKRUPTCY

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      Will there be more bankruptcy filings in Tampa? Perhaps. The Covid-19 or Coronavirus event, or more specifically, the response to what is described by some as the Coronavirus Pandemic, has resulted in the closure of many Tampa businesses, and the loss of employment for many thousands of persons living in Tampa, and its surrounding environs.…

    • How To Avoid Defaulting On Your Car Loan

      How To Avoid Defaulting On Your Car Loan

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      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…

    • Acceleration Of Business Bankruptcy Filings

      Acceleration Of Business Bankruptcy Filings

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      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…

    • BANKRUPTCY AND EVICTIONS

      BANKRUPTCY AND EVICTIONS

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      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…

    • DETERMINING APPLICABLE EXEMPTIONS IN BANKRUPTCY

      DETERMINING APPLICABLE EXEMPTIONS IN BANKRUPTCY

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      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.…

    • TAMPA BUSINESSES AND CORONAVIRUS – CLOSED, CLOSING AND NOT COMING BACK?

      TAMPA BUSINESSES AND CORONAVIRUS – CLOSED, CLOSING AND NOT COMING BACK?

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      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,…

    • FLORIDA FRAUDULENT TRANSFERS

      FLORIDA FRAUDULENT TRANSFERS

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      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…

    • TAMPA BANKRUPTCY ATTORNEY EXPLAINS TAMPA AND HILLSBOROUGH COUNTY CORONAVIRUS EXECUTIVE ORDERS

      TAMPA BANKRUPTCY ATTORNEY EXPLAINS TAMPA AND HILLSBOROUGH COUNTY CORONAVIRUS EXECUTIVE ORDERS

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      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…

    • Summer Activities And Coronavirus

      Summer Activities And Coronavirus

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      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…

    • BANKRUPTCY PROOF OF CLAIMS FOR DUMMIES

      BANKRUPTCY PROOF OF CLAIMS FOR DUMMIES

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      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…

    • Congress Support For Student Loans During The Coronavirus Pandemic

      Congress Support For Student Loans During The Coronavirus Pandemic

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      The CARES Act was passed by the US Congress in April. This massive stimulus package was announced in response to the coronavirus pandemic and the economic downturn as a result of the spread of the crisis. The act has provided crucial relief to student loan borrowers. It has suspended all the payments and interests on…

    • BANKRUPTCY TREATMENT OF PRIVATE SCHOOL EXPENSES

      BANKRUPTCY TREATMENT OF PRIVATE SCHOOL EXPENSES

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      INTRODUCTION Parents may seek to matriculate their minor children in private schools for various reasons, including religious purposes, lack of confidence in the available public schools, and alternatively, the belief that the available private school offers a better education than the pertinent public school. The question in arises, in Bankruptcy, as to whether the debtor…