Treatment Domestic Support Obligations in Bankruptcy

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Domestic Support Obligations, sometimes referred to as DSO’s, are Classified as Priority Debts in Bankruptcy.  Please refer to Bankruptcy Code Sections 11 USC 507(a)(1), 523(a)(5) and 523(a)(15).  Priority Debts are generally paid first in a Chapter 13 Bankruptcy through the monthly payments the Debtor makes to the Chapter 13 Trustee, or through a Chapter 7 Bankruptcy, through any Distribution of Assets that may be available through the Liquidation of the Assets of the Debtor, that are not Exempt Assets.  Priority Debts must also be paid Read More +

How Long Can I Keep My Automobile If I Surrender It in Bankruptcy?

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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA How long can I keep my automobile or car if I intend to surrender it in Bankruptcy?  Thank you to Mark Zadar of Clearwater, Florida for your question.  This is a common question asked by the Clients that come to our offices.  Sometimes, a person filing Bankruptcy will determine that it is in his or her best interest to surrender their automobile in the Bankruptcy. Generally, if you surrender your automobile in the Bankruptcy, such surrender of the collateral Read More +

What is Bankruptcy Proof of Claim?

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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Eduardo from Executive Café & Deli in Clearwater, Florida, asks What is a Proof of Claim in Bankruptcy?  A Proof of Claim is a written Statement that notifies the Bankruptcy Court, The Bankruptcy Trustee, and the Debtor, that the Creditor intends to be eligible to receive a Distribution of monies from the Bankruptcy Estate.  In a Chapter 7 Bankruptcy, the Distribution of monies is through the Sale and Liquidation of Assets that the Bankruptcy Debtor owns that exceed the Read More +

I Filed Bankruptcy. When Can I File Again?

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BANKRUPTCY ATTORNEY QUESTION FROM BRANDON FLORIDA Stuart Schnell of Brandon, Florida asks the Bankruptcy Attorney, If I previously filed Bankruptcy, may I file Bankruptcy again, and when may I file Bankruptcy again? Thank you for your question, Stuart. If you file Bankruptcy, you may generally file Bankruptcy again, depending upon primarily the amount of time that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy. HERE Read More +

What is A Discharge in A Chapter 13 Bankruptcy?

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Paul O from Port Richey, Florida asks, what is a Discharge in a Chapter 13 Bankruptcy.  The following video explains what is a Discharge in a Chapter 13 Bankruptcy.  Discharge in Chapter 13 is described in Section 1328 of the Bankruptcy Code.  Section 1328(b) provides for a Hardship Discharge. Section 1328(e) and 1328(f) of the Bankruptcy Code discuss instances in which a Discharge may be Revoked. A Discharge in a Chapter 13 Bankruptcy generally provides that certain Claims are paid, or satisfied in full, through Read More +

Can I Change My Social Security Number to Rebuild My Credit Rating?

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John Patterson from Brandon, Florida asks if it is possible to obtain a new Social Security number in order to improve his credit rating.   This is a commonly asked question of the Bankruptcy Attorneys at our Office.  We hope that this video we prepared may help to answer your question.  

Budgeting for Christmas and Holiday Season

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Budgeting is important, not only during the Holiday Season but during the entire year because unless you are properly recording your finances, you may not be distributing such finances to their best or most efficient uses. The first step in Budgeting is to write down your Gross Income, whether it is from Employment, or other forms of Income such as Social Security, Pension, or other Benefits.  If you receive Income primarily from Employment, then first look at what deductions are made from your paycheck before Read More +