Tampa Bankruptcy Attorney Serving Clearwater, St Petersburg, Sarasota, Pasco, Lakeland, Polk, & All of Florida
Few things can be more stressful for you and your family, or for your business, than serious financial problems. If you can see the writing on the wall and realize that you may be in major trouble, a number of questions can arise. Should you turn to bankruptcy attorneys for help? Who can you trust for honest advice and accurate information? What will happen to your family or business?
At Yesner & Boss, P.L., our bankruptcy attorneys strive to help our clients who face financial problems to protect their income and assets in the greater Tampa area and throughout the state of Florida. Whether you’re in Tampa, Clearwater, St Petersburg, Sarasota, Pasco, Lakeland, or beyond, we can not only guide you through a number of potential debt relief solutions, but we can also serve as your bankruptcy attorneys if bankruptcy turns out to be your best course of action. Below you will find background information on the bankruptcy process and some of the terms you will become familiar with during a filing. For definitions of any unfamiliar terms, please visit our glossary for a detailed definition.
In addition to personal or small business bankruptcy, our bankruptcy attorneys also use debt counseling and negotiation techniques to both assist with and sometimes prevent a bankruptcy in Tampa or anywhere in Florida. These services can help you potentially stop foreclosure on your home, avoid foreclosure, or even save your business. For more information on these services please visit our debt counseling and negotiation page. Whether you need a personal bankruptcy attorney or a business bankruptcy attorney, we are here to help you.
• What
is the process of filing a bankruptcy?
• What "chapter" of bankruptcy do you handle?
• What
does filing bankruptcy cost?
• Is it possible to
keep my home during and after a bankruptcy?
• Can bankruptcy
help with a foreclosure?
• Will I be able to be approved
for a mortgage after filing a bankruptcy?
• How long does the whole
process take?
• Can one spouse file bankruptcy
alone?
• Can my wages be garnished?
• When would be the best time
for me to file bankruptcy?
• How long must I have lived
in Florida to file Bankruptcy here?
• What is the court process
when I file bankruptcy?
• Can I discharge federal
taxes I owe?
• Can I discharge my student
loans?
• Am I allowed to keep any
of my belongings when I file bankruptcy?
• Is there life after I file
bankruptcy?
What
is the process of filing a bankruptcy?
The process starts by contacting our bankruptcy attorneys, whether you are located in the Tampa, Clearwater, St Petersburg, Lakeland, Pasco County, Sarasota or Manatee counties, or somewhere else in Florida. Our lawyers will discuss your situation, all the options available to you, as well as your goals. We have a bankruptcy package we will give you, for you to fill out, which consists of our questionnaire, a list of required documents, and other information we will need in order to file your bankruptcy. Once our bankruptcy attorneys receive this completed package, we will input your information into our computer system and generate what is known as a “petition for bankruptcy” and all other required documents. Once the petition is generated, we will meet with you to finalize the petition and other documents, and then we will file your case. At this point you will receive a case number.
What "chapter" of bankruptcy do you handle?
We handle both personal and business cases, and can serve as your Chapter 7 attorney, for “liquidation” filings, your Chapter 13 attorney, for “reorganizations,” and we can also serve as your Chapter 11 attorney for a business reorganization.
What does filing bankruptcy cost?
Our costs for filing a bankruptcy are incredibly competitive in comparison to the majority of law firms in local areas such as Tampa, St Petersburg, Clearwater, Lakeland, Pasco, Polk, Sarasota, and Manatee, as well as the state of Florida. Not all cases are the same, so in order to quote you a cost for your filing, it is necessary to know some information about your situation and goals. We can give you a quote over the phone with the answers to a few simple questions we must ask. For a quick quote, call (727) 471-0039.
Is it possible
to keep my home during and after a bankruptcy?
Yes, in most cases you will be able to keep your home if it is your primary residence whether you are current on your payments or in foreclosure. Any additional homes may be liquidated to satisfy debt.
Can
bankruptcy help with a foreclosure?
Yes, filing a bankruptcy during a pending foreclosure will temporarily stop foreclosure and a foreclosure sale. Additionally, any outstanding judgment amounts owed to the lender will be included in a Chapter 13 plan in order to repay some or all of that debt.
Will I be able to be approved for a mortgage after filing a bankruptcy?
Yes, many lenders will approve you for a mortgage loan after filing a bankruptcy in as quickly as one to two years. In many cases, your chances of obtaining a mortgage may be better even after filing bankruptcy than they were before.
How long does the whole
process take?
Typically a Chapter 7 filing takes between three to six months and a Chapter 13 filing takes between 36 to 60 months, including the time you will make payments according to your plan.
Can one spouse file bankruptcy
alone?
Yes, one or both spouses may file bankruptcy either alone or together. However, if one spouse files and the other does not, any joint debt may still be collected against the non-filing spouse.
Can my wages be garnished?
Once you file, your wages may not be garnished to satisfy any outstanding debts included in the bankruptcy.
When would be the best time
for me to file bankruptcy?
While there is no specific best time to file bankruptcy, our bankruptcy attorneys suggest to our clients that they contact us when they begin to realize that they will not be able to make payments owed or otherwise resolve their debts. Many of our clients wish to file once a foreclosure has been commenced against their home. Filing a bankruptcy prior to a foreclosure sale will stop the sale, allowing the homeowner to remain in possession of his or her home.
How long must I have lived
in Florida to file Bankruptcy here?
If you have lived in Florida less than four years, you must have resided in Florida the better part of the 180 days before the filing date.
What is the court process
when I file bankruptcy?
After 30 to 45 days of filing, a 341 creditors meeting will take place. At this meeting, you will go over the petition for bankruptcy with the trustee. In a Chapter 7, a discharge may be granted 60 to 90 days after the 341 creditors meeting. If there are assets owned, this time period may take a little longer in order to asses, value, and auction the property. In a Chapter 13, after the 341 creditors meeting, a confirmation will take place 60 to 90 days later. At the confirmation hearing, the trustee, judge, creditors and our bankruptcy attorneys all meet and agree on a final plan payment amount. If this amount is agreed to by everyone, including you, the plan will be confirmed. Upon confirmation, you will begin to make payments according to the plan, and upon completion be granted a discharge.
Can I discharge federal
taxes I owe?
Yes, if the taxes owed are more than three years old, you may discharge those debts.
Can I discharge my student
loans?
Most student loans are not dischargeable.
Am I allowed to keep any
of my belongings when I file bankruptcy?
Yes, there are certain property exemptions which allow you to keep certain assets and personal property. You can keep all of your belongings in some situations.
Is there life after I file
bankruptcy?
Yes, and sometimes even a better life than before. Often your stress level will be lowered and you will be back on your way to recovering your financial situation. |
