Does Dismissal of A Bankruptcy Dismiss Any Adversary Proceedings?

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If a debtor files Bankruptcy, whether a Chapter 7 or Chapter 13 Bankruptcy, does an adversary proceeding filed against the debtor, subsequently result in the dismissal of the adversary proceeding? Some debtors who file a consumer form of bankruptcy, such as a Chapter 7 or Chapter 13, may expectantly or unexpectantly find themselves a defendant in an adversary proceeding. An adversary proceeding is an action filed in the bankruptcy court in which a creditor objects to the dischargeability of a certain debt based upon either Read More +

Why You Should Pay Down Debt Prior to A Recession

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Many Americans are feeling uncertain about their financial health as the possibility of a recession looms over their heads. One piece of advice that’s being given today is to pay down as much of your debt as possible, even if that means filing for bankruptcy. While this is always important, with a looming recession, it’s even more critical now than ever. There are several reasons for this. More Available Credit When Needed Throughout a recession, you may feel uncertain about many things, including your job Read More +

How Opening A New Credit Card Affects Your Credit Card Debt

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Accruing credit card debt will make your financial situation worse but when you use credit cards wisely it’s possible that you can improve your situation. For instance, if you open a credit card and only use it for small purchases that you can immediately pay off, you’ll increase your credit to debt ratio and credit score. Unfortunately, many people aren’t disciplined enough to do this so they end up spending more money than they save. This is why so many people need debt consolidation or Read More +

Things to Know About Bankruptcy and Divorce

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When it comes to finances, there are various things that can make circumstances more complex. One of the most complex challenges that couples face from a legal and personal perspective is the issue of bankruptcy when also going through a divorce. In some circumstances, a divorce may be happening at the same time as a bankruptcy. Either one of the couple or both of them might be feeling for bankruptcy at the same time as there is a divorce being filed or planned. This can Read More +

A Quick Guide to Bankruptcy

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Bankruptcy isn’t a situation that anybody wants to be in. The main reason people file for bankruptcy is that their debt has gotten to the point that it can no longer be handled effectively, and often they are forced into making this move. When debt becomes too overwhelming for a person or a business in Tampa, it is not always possible to continue making payments. Rather than suffering the severe long-term consequences of getting further into unmanageable debt, bankruptcy can seem like the preferable alternative. Read More +

How Bankruptcy Can Affect Your Spouse

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One of the more common questions received by the bankruptcy lawyers is, ” How filing for bankruptcy will affect my spouse?” This question comes up frequently when just one of the spouses is planning to file for bankruptcy. Several people have a wrong impression that if they are married the spouse will also be responsible for the debt. However, in reality, this is not the case. Both the spouses will be on the hook only in case the debt was incurred in both the partners’ Read More +

Treatment of Child Support Arrears Owed to Bankruptcy Debtor

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How may the Bankruptcy Court treat child support arrears owed to a Debtor who files Bankruptcy? In such an instance, the Debtor or the Bankruptcy Attorney, on behalf of the Debtor, may engage in an analysis of two important concepts in Bankruptcy. The first question is whether child support or child support arrears are even to be included in the Bankruptcy Estate. How the property or asset in question is treated in its inclusion or exclusion from the Bankruptcy Estate, has a primary effect on Read More +

Chapter 13 Bankruptcy Treatment of Automobile Accidents

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If a Debtor is in an automobile accident, either before the filing of the Chapter 13 Bankruptcy or after the filing of Chapter 13, proceeds from any personal injury or property settlement arising out of the accident, are included in the Bankruptcy Estate. In Chapter 13 Bankruptcy in which the Debtor uses the Florida Bankruptcy Exemptions, there is no Exemption that specifically protects such proceeds arising from the accident. Most of our clients in Chapter 13 Bankruptcy, who are involved in an automobile accident, suffer Read More +

in Which Courthouse Should I File Bankruptcy?

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Under Title 28, Section 1408, cases under Title 11, are filed in the District Court for the District in which the person or entity filing Bankruptcy has for the prior one hundred eighty (180) days or the longer portion of the prior one hundred eighty (180) days, maintained either one’s domicile, residence, principal place of business OR principal assets. Although “residence” and “domicile” are not specifically defined in the Bankruptcy Code, one’s residence is generally held to be where one lives, or dwells, whereas a Read More +

What You Need to Know About the Foreclosure Process

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There are many financial responsibilities involved in owning a home. If you find yourself in a position where you can’t make the mortgage payments anymore, you face the risk of foreclosure. Fortunately, this is a process that you can halt anytime if you take the proper actions. Understanding How the Process Works You’ve received a letter from your bank stating that they’re foreclosing on your home. Unfortunately, you may not even understand the process and all it entails. Here are a few basic things that Read More +