Month: August 2016

bankruptcy attorneys

Why do Bankruptcy Attorneys ask so many questions?

http://free3dmaxmodels.com/tag/vray-for-sketchup-2017/ Why do Bankruptcy Attorneys ask so many questions? Two words: due diligence. All attorneys have a duty under the Florida Bar to be candid with the court when making disclosures and presenting a client’s case. Bankruptcy Attorneys have an even higher burden.

investimenti redditizi As Bankruptcy Attorneys, we are responsible for helping you in the bankruptcy process and also ensuring the bankruptcy schedules are accurate and correct. Bankruptcy is about disclosure. A debtor provides the required information and cooperates in exchange for a discharge of the debtor’s debts. Failure to make the disclosures or do the work necessary to get the information together can result in dire consequences for the client/debtor and for the attorney.

http://huntersneeds.net/rigaro/4967 Bankruptcy Code section 11 U.S.C. 526(a)(2) requires Bankruptcy Attorneys as a debt relief agency to certify the bankruptcy paperwork by the client. By signing the bankruptcy paperwork, the Bankruptcy Attorney is certifying that he or she has done a reasonable investigation into the numbers and information in the bankruptcy schedules.

go here If a reasonable inquiry is not done by the debtor’s Bankruptcy Attorneys, then the attorneys themselves can be sanctioned by the court.

algobit recensioni This doesn’t mean amendments to the petition and schedules are not common place, it just means that the process needs to be taken seriously and the questions that Bankruptcy Attorneys ask are important! It may seems like we are being nosy, but we are really trying to protect you, give you good advice, and protect ourselves.

follow url Call us today for your free consultation (305) 278-0811, but be prepared for some questions!

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non-dischargeable debts

What is a non-dischargeable debt in bankruptcy?

http://creatingsparks.com.gridhosted.co.uk/?3e1=cb When I first meet with a potential client, we discuss what debts are non-dischargeable debts under the bankruptcy code and what debts bankruptcy can help with. This is often the part of the consultation where we discuss the reason driving the client to file bankruptcy and the goals of the case. Bankruptcy can help with the client’s debts in most cases, but with certain debts the help is not in the form of a discharge of the obligation entirely.

enter site http://www.ivst-vz.de/?debin=bin%C3%A4r-option-broker-2015 What debts can bankruptcy help with?

rencontre abu dhabi Unsecured debts are debts that do not have collateral to look toward if the clients stops paying on the balance. These debts outside of bankruptcy could confiscate paid off cars, garnish wages, and/or freeze bank accounts for payment through a lawsuit and judgment. Unsecured debts in a chapter 7 bankruptcy often do not receive any payment. In a chapter 13 bankruptcy, this class of creditors often receives pennies on the dollar before the remainder of the obligation is discharged.

Unsecured Debts that can be discharged in bankruptcy:

  • credit cards
  • hospital bills
  • home or investment property foreclosure deficiencies
  • repossession deficiencies
  • business guarantees
  • IRS tax penalties

Secured Debts are obligations where if you stop paying the lender, the creditor/lender can repossess the collateral. The personal obligation can be discharged leaving only the lien for the following Secured Debts:

  • car leases
  • equipment leases
  • car loans
  • promissory note obligations to first mortgagees and/or second mortgagees (lien stays on property) on a property that client decides to surrender
  • HOA obligations on a property that client decides to surrender

http://docimages.fi/?dereter=broker-bewertungen-bin%C3%A4re-optionen&048=02 What are non-dischargeable debts in bankruptcy?

There are other debts that may be unsecured, but are not dischargeable under the bankruptcy code provision 523.

These debts are examples of debts that cannot be discharged:

  • domestic support obligations (only child support and alimony in chapter 13; any DSO in a chapter 7)
  • IRS tax debt
  • student loans
  • trust account debts-Sales Tax and 941 obligations
  • debts procured from a misrepresentation or fraud

For more questions about your debts and whether bankruptcy can help, call the bankruptcy attorneys at the Bankruptcy Law Offices of James Schwitalla for your free consultation (305) 278-0811!