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 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

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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 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

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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. 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?

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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, 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

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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 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

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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 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

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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 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

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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 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 +

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 the federal student loans which are held by the government. Congress has stopped all the collection activity for the defaulted federal loans also. Implementation of CARES Act for student loans Read More +

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 may deduct his or her expenses related to the debtor’s child or children’s private school enrollment. The ability to deduct such expenses may determine whether the debtor is able to Read More +