Considering Bankruptcy? The information contained in this site is focused on Chapters 7 and 13. For a quick review of the differences between the two chapters see Bankruptcy Chapter7&13
Bankruptcy is actually a complex area of law. The effect of filing a bankruptcy petition will depend on the particular facts of the casewhich can not be anticipated here.Consequently, the information providedin this site is general in nature. It's not intended to create an attorney client relationshipnor is it intended as legal advice.However, we hope you find the site usefuland invite you to callto discus your particular facts.
WHY FILE FOR BANKRUPTCY
A stated purpose for bankruptcy is to provide the honest debtor a fresh start. Bankruptcy may providerelief from creditors and ultimately the debt.It is the relief from debt thatadvances the policy goal of providing a fresh start. It can also be used to cure a default and help a debtor save property.
THE AUTOMATIC STAYThe first usual benefit of filing a bankruptcy petition under either Chapter 7 or Chapter 13is the law which requires an automatic stay thatstops most all collection effortswhile the bankruptcy case is pending.As the name implies, the stay is automatic and comes into existence immediately upon filing the petition.
The Automatic Stay in BankruptcyMay Stop:
The automatic stay istemporary.Assuming there hasn't been any prior court orders or bankruptcy filings effecting the stay and that the bankruptcy filing is valid, the stay provides protectionfrommost creditors during the bankruptcy process. If and when a discharge is entered the stay is replaced by a permanent injunction against attempts to collect debts that have been discharged.
THE TRUSTEEIfa Chapter 7 or Chapter 13 Bankruptcy Petition is filed, a Trustee will be assigned tothe case. An importantfunction of a Trustee is to administer the bankruptcy estate. In a Chapter 7 that means liquidating the non-exempt assets, if any,and paying creditors their share. In a Chapter 13, the Trustee collects the Chapter 13 Plan payments and distributesthe funds to the creditors pursuant to a confirmed plan.
The Trustees do have other functions andmay file various motions inthe case.The Trustees working the cases in the Tampa Division are, in my opinion,good people and they try to be fair. But they have a job to do and their view of what should be done may be different from thePetitioner's view. Consequently, aTrustee in bankruptcy can be like a built-in adversary. An attorney or lawyerwith experience may be able to resolve issues with the Trustee and more importantly, may be able to prevent issues from arising inthe case.
THE DISCHARGEA discharge in bankruptcy terminatesthe legal obligation to pay the debts that were discharged. It also prevents creditors from making any attempts to collect discharged debts. However, liens are not discharged. It is onlythepersonal obligation to pay that is discharged.
What may seem as good bankruptcy planning by one may be called bankruptcy fraud by another. If youare consideringarranging your affairs before filing a bankruptcy petition,consult witha lawyer that deals with bankruptcy issues on a regular basis. Mistakes can becostly and may exceed the fees charged by lawyers.
THE LAWYERA lawyer, admitted to practicein the Bankruptcy Court where you file,can represent you in court and at the meeting of the creditors. A non-lawyerbankruptcy petition preparer can notrepresent you.However,a properly admitted attorney can provide advice and represent you.
813-221-8287bobz765@yahoo.com
Providing Legal Advice and Representing Consumers In Florida Bankruptcy Filings under Chapter 7 or Chapter 13, in the Tampa Division of the U.S. Middle District of Florida.
Admitted to Practice inthe state of Florida and the US District Court, Middle District of Florida, including theBankruptcy Court.
The U.S. Bankruptcy Court, Middle District of Florida, Tampa Division serves the following Florida Counties.
If a person resides in any of the abovelisted counties for the last 180 days, then theTampa Division of the U.S. Bankruptcy Courtis very likely the correct court in which to file a bankruptcy petition.
Robert N. Zimmerman, Jr.provides bankruptcy services for clients residing in the same Florida counties listed above.
Our officeis located within two miles of the The U.S. Bankruptcy Court, Middle District of Florida, Tampa Division.Our officehas it's ownparking lot, and parking is always free.
Bankruptcy Attorney and Lawyer in Tampa FL
We are a debt relief agency. We help people file for bankruptcy under the U.S. Bankruptcy Code.
Robert and Joseph are easily accessible and offer personal attention to each client. They, not a paralegal, will exclusively handle your immigration case.
6821 Southpoint Drive North, Jacksonville, FL, 32216, USA