New Location
Our office has moved to 2451 McMullen Booth Rd, #200, Clearwater, FL 33759
Effective 11/1/2021
Why Choose Chapter 7?
Chapter 7 is fast, easy and cheap. It takes about three to six months from start to finish. Chapter 7 discharges debts in exchange for you giving up non-exempt assets in liquidation or pay the trustee their value. Most Chapter 7 filings are what is called a no-asset Chapter 7, which means there were no non-exempt assets for the Trustee to liquidate. Chapter 7 bankruptcy also applies to many types of debt, including credit card bills and medical bills. It will discharge some taxes.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761
Phone: (727) 330-1627 email: [email protected]
Chapter 7 Bankruptcy Overview
A Chapter 7 Bankruptcy Will:
- Provide Automatic Court Protection From Creditors
- Stop Harassing Calls and Letters
- Stop Lawsuits and Garnishments
- Give You a Permanent Discharge of Most Debts in a Few Months
- Let You Keep Your Car and House as long as you continue to pay
Who Should Consider Chapter 7 Bankruptcy:
- You qualify under the Means Test
- You Have minimal assets or equity in assets- If you own your home you get $1,000.00 of personal property if you are a renter you get $4,000 worth of personal property- Either way your get $1,000 worth of equity in a motor vehicle
- You Have Trouble Making Monthly Payments on Necessities and Basic Expenses
- You are Current on House and Car Payments (If Applicable)
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
How to Stop Unwanted Collection Calls
If you have filed for bankruptcy and are receiving unwanted calls from creditors :
• Know that providing your cell phone number on a credit application is considered giving the creditor permission to contact you. Revoke consent by sending a letter, ask to be placed on their DO NOT CALL list. Keep a copy of the letter.
• If you rescind permission and the creditors continue to call, save all voice mail as evidence of noncompliance.
• Keep track of any unwanted calls. Note the time and date they are received, the phone number, the duration, and any information the caller gives you. Include anything about the call or recorded message such as dead air segments, delays or clicks that occur before an agent comes on the line. Names of Agent, name of the organization calling, etc.
Penalties can range from $500-$1,500 per call. If a creditor is using an auto-dialer, these fines can pile up. If it is proven that a caller is willfully violating the TCPA, by repeatedly calling without your permission or after you ask them to stop, then it is $1,500 per call.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761
Phone: (727) 330-1627 email: [email protected]
Simple Estate Planning
These are the basic items you should have-
1. Will
2. POD or Payable on Death Accounts on your bank accounts. These will avoid probate.
3. DPOA Durable Power of Attorney
4. Healthcare Surrogate
5. Living Will
6. Beneficiaries on your life insurance, Pension, Mutual Funds
Call us today for your document needs at (727) 330-1627
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761
Phone: (727) 330-1627 email: [email protected]
What is Chapter 7 ?
Chapter 7 Bankruptcy is straight / liquidation personal bankruptcy. A single person or married couple files papers with the Bankruptcy Court asking for immediate protection from their creditors and ultimately for a discharge of debts.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761
Phone: (727) 330-1627 email: [email protected]
Pinellas County Schools
Teachers and staff did you know that you have the MetLife Plan through Hyatt Legal you can receive - a free trust, will, quitclaim deed, living will, healthcare surrogate, and DPOA before the end of the year. If they you my office - Carol Lawson PA- #727-410-2705, not only are after school appointments available, but you receive a Dementia Directive for free. Hyatt will also pay the Attorney fees ( no costs) for a Bankruptcy. Our office participates in this area handling Chapter 7s only. Costs by our office are credit report, personal property apprassial, and filing fee. You also are responsible for a credit counseling class.
Bank Holds on Chapter 7 Debtor Accounts
The Ninth Circuit – U.S. Court of Appeals held that a bank did not willfully violate the automatic stay by placing a temporary administrative pledge on the debtors’ accounts in favor of the bankruptcy trustee.
A copy of the opinion is available at: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/08/26/12-16087.pdf
Wells Fargo, however, recently got slammed by a Federal Judge in NY for their practice of freezing Chapter 7 Debtor accounts nationwide. Bankruptcy Court Judge Cecelia G. Morris. December 2014, awarded the Weidenbenners $25 in damages for a bounced-check charge, plus costs and lawyers fees. In her ruling, the judge blasted Wells Fargo, which was not a creditor in the case, for freezing the money and controlling access to it. Accusing the bank of “grandstanding” about bankruptcy-code compliance. In re Weidenbenner, 521 B.R. 74, 2014 WL 7139994 (Bankr. S.D. N.Y., 2014).
Wells claims that their nationwide policy is only to freeze accounts of debtors with $5000 or more– not true. If you are going to file Chapter 7– move your bank account from Wells Fargo before you file.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
The bank can change your locks before foreclosure. (What’s In Your Mortgage?)
Locked out
Imagine this: you’re on a two-week vacation. You come back, and find a notice on your door: Entry by unauthorized persons prohibited.
Your key in the lock – it doesn’t fit. You peek through the windows and see that everything you left behind is gone – your furniture, your clothes, your photographs – everything.
You’ve been a victim of your mortgage.
Most mortgages that allows the bank to “protect its interest” in the “security” pledged for the loan – in other words, your home. If the bank, or its inspectors, decide at any point that you’ve “abandoned” the home, they claim the mortgage gives them the right to change the locks, board the windows, drain the pipes, and clean out any trash- your stuff.
Here’s the language most commonly used in many Florida mortgages:
9. Protection of Lender’s Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
…
Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
What does this mean? It means that the bank decides you’ve “abandoned” your home they can come in and take complete possession of your home, without foreclosing or even giving you prior notice.
The police will not help you- they will tell you it is a civil matter to higher an attorney.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
Debt Collector’s Calling?
Are debt collectors constantly call your home and send you threatening letters in the mail, it might be time to consider bankruptcy. Clearwater Bankruptcy evaluates your financial situation to determine if bankruptcy is the best option for you. Your Clearwater Bankruptcy Attorney will explain the specifics of bankruptcy law, and help you understand how to rebuild your credit so you can get a fresh start. Don’t live in fear with the phone off the hook – get the information and answers you need. Debt Relief is what we do! Come in for a Free Consolation today!
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]