FREQUENTLY ASKED QUESTIONS
CONTACT US WITH ANY QUESTIONS YOU MIGHT HAVE
What forms of payments do you accept?
We accept many forms of payment including cash, checks, and credit cards (Visa, MasterCard, American Express, and Discover). For any additional forms of payment please contact our office and we will work to accommodate your individual situation.
Do you offer any payment plans?
Yes, although we do not have any particular payment plan schedules, we do take into consideration each individual’s unique circumstances. We normally ask for a portion of the fee up front and break the remainder into monthly installments so that you do not feel overburdened.
This will all be discussed in further detail during your initial free consultation once we know more about your situation.
How do I get to your office?
Our main office is located in St. Pete Beach at 6702 Gulf Blvd. We are located across the street from the Wings beach store inside the Realty Resources office. There are a few different ways to get here.
(1) From the Northwest (Treasure Island, Madeira Beach):
Take Gulf Blvd south. You will need to make a slight left over Blind Pass Rd. and continue south. Turn right onto 75th Ave. and then take your first left onto Gulf Blvd. We are located on the right hand side between 68th Ave. and 67th Ave.
(2) From the North (South Pasadena, Gulfport, Kenneth City)
Turn south onto Pasadena Ave., the main roads that lead to Pasadena Ave. are 66th St., Central Ave., 22nd Ave. South, and Park St. You will go over the Corey Causeway Bridge and the road will turn into 75th Ave. when you cross over to St. Pete Beach. Turn left onto Gulf Blvd. We are located on the right hand side between 68th Ave. and 67th Ave.
(3) From the Northeast (St. Petersburg, Pinellas Park)
Take 275 South to Exit 17 (54th Ave. S/FL 682 W/Pinellas Bayway). Follow the signs for the Pinellas Bayway (this is a toll road, 50 cents each way). Follow the Pinellas Bayway until it ends (at the Don Cesar) and turn right onto Gulf Blvd. We are located on the left hand side between 67th Ave. and 68th Ave.
(4) From the East (Pinellas Point, Coquina Key)
Go west on 54th Ave S until it turns into the Pinellas Bayway (this is a toll road, 50 cents each way). Follow the Pinellas Bayway until it ends (at the Don Cesar) and turn right onto Gulf Blvd. We are located on the left hand side between 67th Ave. and 68th Ave.
Do I have to fill out all the paperwork?
No, our office will fill out the required paperwork for you. This can be done as early as your initial free consultation. If you know that you want to file bankruptcy you should bring with you all of your creditor information and the attorney will prepare the paperwork on the spot.
Will I have to attend any hearings or meetings?
Typically you will not have to attend anything other than your “meeting of creditors,” also known as a “341 hearing.” Since every case is different we cannot promise that you will not need to attend anything additional, but for the majority of our clients the 341 hearing is the only court proceeding they ever go to.
Will an attorney be with me at my 341 hearing?
Yes, an attorney will always be by your side during your 341 hearing.
What happens at the 341 hearing? Should I be nervous?
No, you should not be nervous at all. The 341 hearing is a necessary step in the bankruptcy process that every person must go through. It is a chance for the trustee to make sure that all of the information that has been submitted pertaining to your bankruptcy is correct and that nothing is missing. Typically the trustee will ask you personal information to make sure that it all matches the information that has been provided to the court. This normally lasts no more than 15 minutes.
How do I get to the 341?
501 E. Polk St, Tampa, FL 33602
What is the difference between chapter 7 and chapter 13?
Chapter 13 allows the debtor to keep a valuable asset, such as an estate, and make payments to creditors over time – usually three to five years. In chapter 7 cases, a trustee collects the assets of the debtor's estate, reduces them to cash, and makes distribution to creditors, according to the debtor's right to retain certain exempt property and the rights of secured creditors. Because there is sometimes little or no nonexempt property in chapter 7 cases, there may not be an actual liquidation of the debtor's assets.
Who can file for chapter 7 and chapter 13?
To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor must be an individual, a partnership, or a corporation. Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than $290,525 and secured debts are less than $871,550. A corporation or partnership may not be a chapter 13 debtor. An individual is restricted from filing under any chapter, if during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to comply with orders of the court or due to the debtor voluntarily dismissing the previous case after creditors sought relief from the bankruptcy court to recover property upon which they held liens.
Who can I include in my bankruptcy?
You should list every one of your creditors. This includes taxes, child support, student loans, credit cards, medical bills, utilities, mortgages, car loans, finance companies, credit unions, etc. Some may not be discharged, but you should list them all.
What is a Motion for Relief from Stay?
When you file for bankruptcy, you are protected by the "automatic stay" which prohibits creditors from taking action to collect the debt or from taking your property. In some cases, the creditor will ask the court for permission to continue efforts to collect the debt by requesting relief from the stay. This is usually done by a creditor who wants to continue foreclosure proceedings on a house or seek repossession of a vehicle. Landlords will also file for relief from stay to evict a nonpaying tenant.
What is an automatic stay?
Filing a petition under chapter 7 or chapter 13 "automatically stays" actions against the debtor and the debtor's property, such as foreclosure, repossession, garnishments, collection calls, etc. Creditors usually receive notice of the filing of the petition from the clerk, and they are restricted from trying to collect from the debtor as long as the stay is in effect.
What is a trustee?
Upon the filing of either a chapter 7 or a chapter 13 petition, an impartial case trustee is appointed by the United States trustee to monitor the case. The chapter 7 trustee will determine whether there are any nonexempt assets and will liquidate these assets for the benefit of creditors. The chapter 13 trustee administers the payments under the plan.
What is the meeting of creditors?
The meeting of creditors is a required, administrative hearing which allows the chapter 13 or chapter 7 trustee to ask the debtor questions regarding all debts, assets, and finances.
What is the confirmation hearing?
The confirmation hearing is where the judge reviews a chapter 13 debtor's proposed repayment plan. Following the court's approval of the plan, the trustee will begin making payments to the creditors who have filed claims in the case.
What is a discharge?
A discharge releases the debtor from personal liability for certain specified types of debts and prevents creditors from taking any form of collection action on the discharged debts. In most chapter 7 cases, the debtor receives a discharge just a few months after filing for bankruptcy. In chapter 13 cases, the court grants the discharge following the debtor's successful completion of all payments under the plan.
Although a debtor is relieved of personal liability for all debts that are discharged, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.
Are all debts discharged?
Not all debts are discharged, and the debts that are vary under each chapter of the Bankruptcy Code. Additionally, Section 523(a) of the Code outlines the specific categories of debts that Congress has determined to be non-dischargeable for public policy reasons. Non-dischargeable debts must be repaid after bankruptcy.
Does the debtor have a right to a discharge?
In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the United States trustee. A creditor who desires to object to the debtor's discharge must do so by filing a complaint in the bankruptcy court before a specific deadline. In chapter 13 cases, the debtor is entitled to a discharge upon completion of all payments under the plan.
May a debtor pay a discharged debt after the bankruptcy case has been concluded?
A debtor who has received a discharge may voluntarily repay any discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor's reputation is important, such as a family doctor.
Will filing for bankruptcy affect my job?
A governmental unit or private employer may not discriminate against a person solely because the person was a debtor, was insolvent before or during the case, or has not paid a debt that was discharged in the case. The law provides express prohibitions against the following forms of governmental discrimination: discrimination with respect to hiring, the termination of an employee, and the denial, cancelation, suspension, or refusal to renew a license, franchise, or similar privilege. The law also restricts private employers from discriminating with respect to employment if the discrimination is based solely upon the bankruptcy filing.
What are the court filing fees?
Presently, the court charges a fee for filing chapter 7 of $299.00. The court's filing fee for chapter 13 is $274.00.
How do I get started?
Call our office at (727) 209.0744. to set up a FREE consultation with one of our bankruptcy specialists.
Can I repair my credit after filling bankruptcy?
We suggest Credit Clean. Please visit their website at www.creditclean.com