Treatment of Auto Accident That Occurred After the Filing of Bankruptcy

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If a Debtor files Bankruptcy and following the filing of the Bankruptcy, the Debtor is in an auto accident, then how such accident is treated by the bankruptcy trustee depends heavily upon whether the Debtor filed a Chapter 7 or a Chapter 13 Bankruptcy. Bankruptcy Code Section 541(a) states that the commencement or filing of the bankruptcy case creates an estate. This is referred to as the bankruptcy estate. The bankruptcy estate, according to Bankruptcy Code Section 541(a)(1) consists of all legal and equitable interests Read More +

Contemplating Small Business Bankruptcy in Tampa, Fl

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For a long period, there was just a single small business bankruptcy alternative available and that was chapter 7 liquidation. If these small businesses were keen on operations they had to file for their chapter 11 protections that had numerous paperwork necessities. Luckily congress stepped up to this plate and in 2019 passed Small Business Reorganization Act that is known as subchapter V. These bankruptcies became more streamlined. The concerned small business got all those advantages of chapter 11 such as restructuring of loans without Read More +

Bankruptcy Considerations for Small Business Owners

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Chapter 7 liquidation use to be the only type of bankruptcy a small business could file for. If they wanted to remain in business they’d need to file for Chapter 11 protection and fill out a lot of paperwork. However, in 2019 Congress passed a Reorganization Act entitled Subchapter V. With Subchapter V bankruptcy is streamlined. A business will get a lot of benefits for filing Chapter 11 (e.g. the ability to restructure its loans). There also aren’t as many hoops there as exist for Read More +

Procedure for Debtor or Debtors Seeking Sanctions Against A Creditor or Other Party for Automatic Stay Violations

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A WRITTEN STATEMENT SIGNED AND NOTARIZED BY THE DEBTOR OR DEBTORS EXPLAINING IN DETAIL THE ACTIONS BY THE CREDITOR OR OTHER PARTY. ANY OTHER INFORMATION THAT FURNISHES PROOF THAT THE CREDITOR ACTED IN A HARASSING MANNER, SUBSEQUENT TO THE FILING OF THE BANKRUPTCY, IN AN EFFORT TO COLLECT A DEBT CLAIMED BY THAT CREDITOR, OR OTHER PARTY, AGAINST THE DEBTOR OR DEBTORS. ANY WRITTEN STATEMENTS BY ANY PERSON OR PERSONS, WHO ARE WITNESS TO THE ACTIONS OF THE CREDITOR OR OTHER PARTY. ANY PHONE RECORDS, Read More +

the Benefits of Chapter 13 Bankruptcy for Businesses

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Unfortunately as a business, you can’t file for protection under Chapter 13 bankruptcy unless you’re a sole proprietor who’s worried about losing your property. In this case, you’ll want a lawyer on your side who’s helped other small businesses analyze their options for bankruptcy. They can help you determine if a Chapter 7 liquidation is appropriate for you or if you should be pursuing a Chapter 13 instead. Sole Proprietors It’s important to understand who a sole proprietor is. According to the law, they’re someone Read More +

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. Most destructive is the restrictions on small restaurant owners. The small restaurants were the first target of the shutdowns. Those without a strong takeout clientele or a drive through service Read More +

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 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 +

Coronavirus and Small Business Bankruptcy

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You can expect the coronavirus pandemic to shut down millions of small businesses in the upcoming months. A range of small business bankruptcies can be expected as more than 40% of the country’s small businesses are expected to shut down permanently in the next 6 months due to the coronavirus pandemic. This was indicated in a poll conducted by the U.S. Chamber of Commerce. Commercial bankruptcies began to show a rise in the first quarter of 2020. Many of the small business owners are waiting Read More +

Coronavirus and the Impending Small Business Bankruptcies

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As the coronavirus spreads rapidly across the world, the Chinese and other country’s supply chain problems are not the only problem anymore. The CDC (Centers for Disease Control and Prevention) has asked for the suspension of the gathering of ten or more people in one place. Various stores, bars, and restaurants in the U.S. and other countries are closed for business. There may be a curfew in place shortly with other social distancing measures being enforced to slow down the spread of the virus. Some Read More +