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- Blick Law Firm Works Closely with Tampa’s Chiropractic and Acupuncture Clinic
- Blick Law Firm Brings Legal Expertise and Christian Values to Tampa
- What can a personal injury attorney do for you?
- The Importance of a Real Estate Attorney in a New Transaction
- Over 150 New Florida Laws Take Effect this Month
- Law Change Protects Florida Patients From Balance Billing
- Fatal Alligator Attack at Disney World Orlando Could Mean Legal Trouble
- Florida Gun Laws Under Fire After Orlando Attacks
- Prospect of Medical Marijuana in Florida Creates Buzz
- Florida’s Death Penalty System Subject to Further Questioning
- Summer Driving Safety Tips
- Florida Supreme Court Votes to Maintain Reasonableness in Workers’ Compensation Law
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Monthly Archives: February 2013
When married couples consider filing Bankruptcy, they are faced with the choice of determining whether to file jointly or individually. This determination is important, and many concerns should be addressed prior to deciding what to do.
Many times, one spouse may have debts alone and deem it necessary to file a bankruptcy separate from the other spouse. However, in cases where both spouses are facing financial hardship in meeting the payments on their debt it can be advantageous to file Bankruptcy jointly. Advantages to filing jointly include:
- Paying only one filing fee instead of paying the same fee twice for separate filings;
- Assistance from the other spouse in gathering all the necessary documentation together, which can be extremely burdensome; and
- Filing jointly is more efficient by consolidating the filing, making it is less time consuming.
Joint filing can have disadvantages as well, especially when there is a large disparity in the debts and assets between the spouses. It is important to consult a bankruptcy attorney to determine what the most effective and beneficial filing is for your specific situation.
If you or a loved one have concerns about Bankruptcy or are considering filing Bankruptcy jointly, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Many people, when going through Bankruptcy, have common questions about the different terms encountered while going through the Bankruptcy process. Understanding the difference between Unsecured and Secured Debt can be confusing, and it is important to be well informed when considering whether or not to file for Bankruptcy.
Secured Debt is debt that has a security interest or collateral tied to the agreement, whereby creditors can repossess or foreclose on the collateral if the debtor fails to pay back the loan. Common examples of Secured Debt are home mortgages or car loans; in the event the debtor cannot pay the amount owed, the loan is secured by the ability of the creditor to repossess the home or the car.
On the other hand, unsecured debt is debt that has no collateral attached to the agreement. Instead, unsecured creditors generally rely on your credit score and issue credit based on good faith that you will repay the amount loaned. Common examples of unsecured debt are credit card bills, medical bills, and utilities bills.
Upon filing for Bankruptcy, most Unsecured Debt is discharged with the exception of Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud. The discharge of unsecured debt is a primary benefit of filing for Bankruptcy, and comes along with an Automatic Stay against creditors pursuing their collection efforts.
Understand that filing for Bankruptcy is a complex process with important benefits, consequences, and alternatives to consider. In the event you are considering Bankruptcy, call Blick Law Firm today for help at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.
Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:
- Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
- Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
- Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
- Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.
If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.
Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.
Many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, it is more common than most realize and can be a refreshing solution to a debt-ridden life.
Bankruptcy advantages and alternatives to consider:
Elimination of Debt: The main advantage to filing for bankruptcy is the discharge of most debt. The discharge totally eliminates the obligation to pay many types of debt including your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. ***Note: Certain types of debt cannot be avoided by filing for bankruptcy including Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud.
Avoid Creditor Harassment: Once a debtor files for bankruptcy, there is an automatic stay on the collection of debt and most creditors must terminate their collection efforts immediately. The stay is an automatic court order that prohibits all sorts of collection attempts by creditors, and postpones most actions against the debtor, including repossessions, garnishments or attachments, utility shutoffs, foreclosures, and evictions.
Get a Fresh Start: You will be able to pay the things that are important to you, and begin rebuilding your credit in peace!
Alternatives to Consider: Bankruptcy is not the only method of dealing with insurmountable debt, and other methods may be more advantageous for your particular situation. Such alternatives may include an out-of-court settlement with creditors, reduction of payments to creditors, consolidation of debts, or payment of debts by sale of assets or borrowing on assets. However, the availability of these methods varies depending on the severity of your financial difficulties, and also requires cooperation from creditors.
If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.