TAMPA Bankruptcy Attorneys FAQ 813-222-8210
TAMPA BANKRUPTCY ATTORNEY’S
ANSWER TO FAQ:
- 1.How do I file Bankruptcy with a Tampa Bankruptcy Attorney?
- 2.Will a Tampa Bankruptcy Attorney speak with me overthe phone?
- 3.How much does it cost to hire a Tampa Bankruptcy Attorneyand to file my Bankruptcy?
- 4.Do Tampa Bankruptcy Attorneys work in other cities, such as Sarasota, St. Pete, and Brandon?
- 5. How can a Tampa Bankruptcy Attorney help me?
- 6.Can a Tampa Bankruptcy Attorney discharge all of my debt?
- 7.Can a Tampa Bankruptcy Attorney save my home from foreclosure?
- 8.What is the difference between Chapter 7 and Chapter 13 bankruptcy?
- 9.What assets are exempt in Florida?
- 10.What type of bankruptcy do I file?
- 11.What questions may help me to determine your what Chapter I should file?
- 12.Can my Tampa Bankruptcy Attorney protect me from the bank after a foreclosure?
- 13.I have assets and income can I still file Bankruptcy?
- 14.When should I contact my Tampa Bankruptcy Attorney?
- 15.Can my Tampa Bankruptcy explain the 341 Meeting of Creditors?
Question of the Day: Tax Refunds in Bankruptcy: Your tax refund or potential refund may be property of the bankruptcy estate and you may be required to turn over all or part of your tax return to the bankruptcy trustee for the benefit of your creditors. Under Chapter 7 the Bankruptcy Court applies a Liquidation Analysis. This test requires you to disclose all of your assets. All of your assets become part of the bankruptcy estate when the case is filed. Most assets fall under a bankruptcy exemption and are immediately removed from the Bankruptcy and not administered by a Bankruptcy Trustee. If your assets exceed the allowed exemptions, the Bankruptcy Trustee may ask for you to back the value of the assets by making payments to the Trustee for the excess value, or to turn over the assets above the exemption level for the benefit of the creditors. If your tax return exceeds the pushes your assets above the exemption level, the Bankruptcy Trustee may ask for the tax return to be turned over for the benefit of the creditors. If the year has not yet ended and you have a history of getting a large refund, the Bankruptcy Trustee may hold your case open and to see your return for the next year to determine if part of it belongs to the Bankruptcy Estate. As an Example: if you file bankruptcy in on September 1, 8 out of 12 months have passed. Since you may have already earned 3/4 of your tax refund for the next year, the Bankruptcy Trustee may keep your case open until the next year to see your return and demand that you turn over 75% of the return. Note that excuses such as typically applying the tax refund to property taxes or spending the refund once received do not work and you will have to work out a payment plan. Spending your refund on allowed expenses after you receive the refund and before you file your case is acceptable. Please call your bankruptcy attorney prior to filing to discuss how your tax refund may be addressed in your bankruptcy case. Question of the day: Your Tampa Bankruptcy Lawyer is often asked if bankruptcy or the state foreclosure court can erase a mortgage or modify principal on a home mortgage. Your Tampa bankruptcy attorney may be able to arrange a modification of your principal home mortgage or use the bankruptcy code to revalue a mortgage on non-homestead. Congress has specifically prohibited the revaluing of a mortgage on homestead property. This can only be done by agreement between you and the mortgage holder. Currently there are news reports of a new mortgage reduction program in Chapter 13 — this is a mediation or negotiation program and is not yet mandatory. This program has potential but requires agreement by the mortgage holder. The Tampa Bankruptcy Court has now fully endorsed this program and calls for a recommended payment on a modified mortgage at 31% of the mortgage holder’s gross income. This may include reductions to interest or principal. Please Contact your Tampa Bankruptcy Mortgage Modification Attorney for help. Note that there are reports from the trial courts on the Bankruptcy Mortgage Modification that show nearly 90% success rates. Click here to learn more about modifying your mortgage in a Chapter 13 Bankruptcy.
How do I file Bankruptcy with a Tampa Bankruptcy Attorney?
Contact a Tampa Bankruptcy Attorneyor a no cost, no obligation phone conference or in-person consultation to determine under which Chapter of the Bankruptcy Code you may file or read our section on the different types of Bankruptcy a Tampa Bankruptcy Attorney may help you file.Then either download the appropriate bankruptcy package or contact a Tampa Bankruptcy Attorney to have one sent to you.
Will a Tampa Bankruptcy Attorney speak with me over the phone?
Yes, your Tampa Bankruptcy Attorney will either speak with you when you call in, promptly return your call or will set up a specific time to have a telephone conference with you.
How much does it cost to hire a Tampa Bankruptcy Attorney and to file my Bankruptcy?
The hiring of a Tampa Bankruptcy Attorney is quite affordable considering the financial obligations and benefits that go with Bankruptcy. Your Tampa Bankruptcy Attorney may be retained in routine cases starting at $1,200, plus costs and filing fees.A Sample engagement letter is attached to each of the respective bankruptcy questionnaires below.Keep in mind that these are sample engagement letters and your costs may exceed those listed if unforeseeable complications arise. The Galewski Law Group and your Tampa Bankruptcy Attorney reserve the right to charge an additional fee for non-routine matters.
Do Tampa Bankruptcy Attorneys work in other cities, such as Sarasota, St. Pete, and Brandon?>
Yes. Your Tampa Bankruptcy Attorney covers most of West Central Florida including Tampa, Brandon, Dover, St. Petersburg, Riverview, Clearwater,Odessa, Lutz, and New Port Richey. The Tampa Court is the hub of most cases filed in the Middle District of Florida, west of Okeechobee, from Naples to Ocala. There is a court building in Fort Myers, however the clerk of court and the judge reside in Tampa and work from the Tampa Federal Court Building.
How can a Tampa Bankruptcy Attorney help me?
A Tampa Bankruptcy Attorney may be able to help you to discharge debt and gain a fresh start by filing for protection under the Bankruptcy Code.Bankruptcy is a court process that offers some protection from creditors by stopping collection activity against you and affording you an opportunity to gain control. Bankruptcy offers you two avenues to choose how your debts and assets are handled.Your Tampa Bankruptcy Attorney will help you either liquidate (Chapter 7) or reorganize (Chapter 11 and Chapter 13). Liquidation trades your non-exempt assets for repayment of dischargeable debt. Reorganization allows you to keep or back your assets over time through a proposed plan where you repay a portion of your debt in return for discharge of the dischargeable debt. You must repay some debts in full; others may be repaid only partially or not at all, depending on what you can afford. The bankruptcy Code offers a broad range of power to the debtor including the power to stop court action including foreclosure, modify a mortgage, strip a second mortgage or otherwise reorganize debt. When your Tampa Bankruptcy Attorney files your bankruptcy, a court order called an “automatic stay” goes into effect. The automatic stay prohibits most creditors from taking any action to collect against your debt to them, without court approval. This automatic stay or moratorium on collection activity can be used to stop state court litigation including, but not limited to, foreclosure. The Court has recently added an option to modify a mortgage as part of chapter 13 bankruptcy.
- Chapter 7 Bankruptcy Overview
- Chapter 13 Bankruptcy Overview
- Please Click here for answers to Bankruptcy FAQ’s 6-10 and here for 11-15
412 E. Madison Street * Suite 1106 * Tampa, FL 33602 * Stan “The Man” Galewski * www.Galewski.com * 813-222-8210