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    Category: Law

    • 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…

    • Credit Card Payments During Coronavirus Pandemic

      Credit Card Payments During Coronavirus Pandemic

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      For several people, a credit card is a significant resource when things are not going well financially. If you have lost a lot of income recently due to the coronavirus pandemic the credit card will be a significant lifeline for meeting your business requirements. However, if you fail to make the payments on time the…

    • Planning Bankruptcy Filing During Coronavirus Pandemic

      Planning Bankruptcy Filing During Coronavirus Pandemic

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      There is no denying the fact that coronavirus pandemic has rocked the U.S. economy badly and this has had a terrible effect on the bankruptcy filings. With an upsurge in unemployment and several businesses coming under financial pressure due to the spreading of the pandemic, it is only a matter of time before many businesses…

    • 5 Myths About The $1200 Stimulus Check

      5 Myths About The $1200 Stimulus Check

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      In March 2020 the biggest stimulus package in the history of America was passed by Congress to counter the economic situation caused by the coronavirus pandemic. It was signed to become the law by the U.S. President Donald Trump. This $2.2 trillion package will provide $500 billion to the industries in distress, $350 billion to…