When it comes to bankruptcy, Chapter 13 is the second most common filing behind Chapter 7, according to a leading bankruptcy lawyer.
What is Chapter 13?
It lets you sort out your finances while protecting you from creditor harassment and wage garnishment at the same time.
According to a Chapter 7 Lawyer in Tampa, in order to file for Chapter 7 bankruptcy, you must first pass the means test.
What is the Means Test?
It compares your income with the official median income for households in the state of Florida.
Filing bankruptcy is complicated and confusing to most people, especially when there are several myths about the process.
Myth: You can decide which debts to list in your bankruptcy filing.
Truth: You must list all debts, even those owed to family and friends.
The decision to file for bankruptcy isn’t easy, but it is one of the best options for getting out of debt.
Filing for bankruptcy is complicated and below are reasons you need a Chapter 7 lawyer in Tampa.
Deciding on the Right Bankruptcy Filing
Although the idea of filing bankruptcy might not be pleasant, there is a good chance that filing bankruptcy is exactly what you should do to get back on track. Dealing with financial issues can be difficult, but hiring a Tampa Chapter 7 lawyer to help you file bankruptcy could be life changing. These are a few signs that it’s time to look into bankruptcy as an option to get your finances on track.
1. You’re Getting Constant Collection Calls
Few things can be as unsettling and disruptive as receiving constant collection calls from your creditors. Plus, it can be embarrassing to receive calls when you’re around friends and family, and getting these calls while you’re at work can cause trouble for you at work. Once you file bankruptcy, however, you can help avoid these problems because your creditors will no longer be allowed to contact you via phone.
Financial setbacks are among the most difficult challenges people face. If you are considering bankruptcy, you may be struggling with anxiety, confusion, guilt, and even depression. However, with competent legal guidance, the bankruptcy process can go smoothly, and you can regain financial security.
Unfortunately, misconceptions about bankruptcy run rampant, and they may be increasing your confusion and anxiety. The first step to getting your life back on track is getting the facts.
Three of the Most Common Myths About Bankruptcy:
With the new laws that are in effect, it’s very confusing to file a Chapter 7 bankruptcy. You need an attorney to help you. Qualifying for a Chapter 7 is not easy anymore. The new restraints make it difficult and many have to file a Chapter 13 and repay their debts. However, a bankruptcy attorney can help you decide which chapter you qualify for.
Before you file your petition, the attorney needs to know all the transactions of the past 60 days. The court wants to know about any cash loans or any expensive items that you’ve purchased. They consider residency requirements, and you must attend credit counseling. It’s a lot to take in and it’s overwhelming to the average person. That’s why it’s so important to have a bankruptcy attorney handling the matter.
A Chapter 7 attorney in Florida can help you complete the “means test” and see if you qualify for this chapter. When you met the qualifications, the attorney files the petition, and the court appoints a trustee. You don’t lose everything; the court allows you some as exempt. The court sells non-exempt property. Debts like student loans, tax bills and any bill accumulated through fraudulent means are not discharged through bankruptcy.
It happens: you run into a bit of financial difficulty, and you need to file Chapter 7 bankruptcy. If you’re in the Tampa area of Florida, you will need to hire a Tampa chapter 7 lawyer to represent your best interests immediately!
Chapter 7 bankruptcy is known as the “fresh start” bankruptcy, because it wipes out all your debts and gives you a chance to start over again. When you file Chapter 7 bankruptcy in Florida, a trustee sells (or liquidates) all of your assets (some assets are protected under the Florida Bankruptcy Exemptions, such as personal property and certain pensions, and are therefore excluded from liquidation) to pay off your creditors. After liquidating your assets, the trustee then receives a commission that covers his/her fees.
Not all debts can be discharged with a Chapter 7 filing. You will still be responsible for some of your debts, such as alimony, child support, and student loans. In addition, some of your assets — such as your home and your car — can only be protected if you sign a Reaffirmation Agreement, which prevents you from wiping out (or re-bankrupting) that asset for the next eight years.
While he once had a 10-bedroom mansion on Palm Island and a 2007 Bugatti Veyron worth $1.6 million, hip hop producer and musician Scott Storch is no longer the big spender he used to be. Storch filed for Chapter 7 bankruptcy in June 2015 and cited his current personal assets at $3,600.
Storch filed for protection under Chapter 7 in Florida, and this is not his first brush with financial trouble as the man filed for Chapter 13 bankruptcy in 2009 while going to rehab in the same year. At the time, he spent an estimated $30 million in three years. While Storch worked with famous artists like Beyonce and Snoop Dog, his spending habits and cocaine addiction have reportedly left him $4.4 million in debt.
As this story shows, even those who are rich and successful can have problems that lead to debts. Anyone might find themselves facing repossessions or threats from creditors while not knowing how to act. A Chapter 7 attorney in Tampa can advise you about your options when considering filing for bankruptcy.
Filing for Chapter 7 bankruptcy is a difficult decision for anyone, and usually a scary one. Too often, people make rash decisions in an effort to get as much as they can in their case. Word to the wise: before you make any decisions regarding your finances prior to filing, it’s imperative that you consult with a competent Tampa Chapter 7 lawyer.
That said, here are 3 things you don’t want to do before you file:
Don’t try to hide your assets: hiding assets, say by selling a relative a house or a car at far less than market value, is a definite “no-no”, and in some circumstances can even be a crime. Even selling off assets at fair market value can create enough suspicion that it damages your case. If you have any questions about property you want to sell, consult with your attorney before taking any action.
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