Author Archives: Blick Law Firm

Can I lose my home if I file bankruptcy?

Posted on April 13, 2012 by Blick Law Firm

There are ways to keep your home in bankruptcy. “Automatic Stay” is one of the first advantages of bankruptcy, which will prevent creditors from taking collection action against you. If you are facing foreclosure, the filing of a bankruptcy petition will temporarily suspend the foreclosure action. While the automatic stay will not last forever, it will give you more time to review all of your options.   Attorney Michael Blickensderfer of Blick Law Firm can help you review all of your options before deciding which type of bankruptcy is best for your situation.

Personal circumstances, such as the type of bankruptcy you file, the amount of equity in your home, and whether you own the house jointly with someone else are all factors to consider.  In a Chapter 7 case, while you will lose assets but get rid of debts, you can either formally reaffirm the mortgage loan or, in some judicial districts, just keep making payments. If you fall behind on payments, and have some equity in your home, Chapter 13 bankruptcy may be a better choice for you because it allows you to pay off the arrearages (mortgage) over time and therefore face less risk to losing your home. A critical consideration in a Chapter 13 case is whether a debtor whose home loan is in default can make the larger mortgage payments (the missed payments plus resuming the original payments) over the repayment period.

For more information regarding keeping your home when filing for bankruptcy or general questions about qualifying for Chapter 7 and Chapter 13 bankruptcy call Blick Law Firm today at 813-931-0840.

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Tampa Bay DUI Check Points

Posted on April 11, 2012 by Blick Law Firm

Tampa Bay deputies and police officers are dedicated to values of integrity, professionalism and community involvement. As a result of their commitment the county’s overall crime rate dropped in 2008, 2009, 2010 and 2011. Blick Law Firm assists efforts by posting DUI checkpoints to help enforce safety amongst the community.

What are DUI checkpoints? DUI checkpoints consist of police roadblocks at busy thoroughfares at which motorists are randomly selected for screening.  These stops help keep all parties safe so they can continue on with their life, without any tragic or fatal interruptions.

Sobriety checkpoints reduce alcohol-related crashes by about 20 percent, according to a U.S. Centers for Disease Control report combining the results of 23 scientific studies.

Although they tend to be controversial, DUI checkpoints have survived most legal challenges; even in some states where statutes require an officer to have reasonable suspicion of intoxication before initiating a traffic stop. The U.S. Supreme Court ruled in 1990 that sobriety checkpoints are legal under federal law (Michigan Dept. of State Police v. Sitz), leaving it up to the individual states to decide.

Should you find yourself unable to drive because of intoxication, please call a friend, cab driver or ask the bartender to call someone for you. Do not drink and drive.

If you have been arrested for a DUI or other related incident, call Blick Law Firm today to assist you and seek legal representation you deserve! Think quick, call Blick! 813-931-0840

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Personal Injury? Watch out for ambulance chasers

Posted on April 9, 2012 by Blick Law Firm

Contrary to popular belief that personal injury attorneys chase ambulances and prey on victims, Florida law prohibits such action.

Furthermore, attorney Michael Blickensderfer does not practice such marketing techniques.  Our personal injury clients retain us because of current or previous satisfied clients who have used Blick Law Firm for their own legal matters.

A Personal injury is defined as any incident that causes physical harm or bodily damage due to the actions or negligence of others.

While injuries can be sustained in almost infinite ways, car accidents are a major cause of personal injury in the United States. Many car accidents and most motorcycle injuries can be severe and life-altering, even resulting in death.

Attorney, Michael has over 25 years’ legal experience. He is a former prosecutor, former Marine and will take your personal injury claim to court if necessary.

If the injury to yourself or a loved one was not your fault, you may be eligible for financial compensation for hospital bills, time out of work, and pain and suffering. To protect your rights and get what you deserve, contact Blick Law Firm today.

Forthcoming laws to prevent insurance fraud mandate that a victim is required to receive emergency care within 72 hours of the incident.  Also, immediate contact with us will ensure that information is still fresh in your mind and the minds of other involved parties.  If you are prevented from coming to us, we will come to you.

You or a family member or close friend should also gather as much documentation regarding your accident as you can. Bring records of accident reports, insurance forms, medical bills, and personal contact information of the other people involved in the accident to your free consultation with Michael.

Call us today and speak with an experienced Tampa personal injury attorney you can trust. Think quick, call Blick. 813-931-0840

 

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What about the deficiency owed when I short sale my home?

Posted on April 4, 2012 by Blick Law Firm

This is a question every seller asks when they consider a short sale of their home.  And it is a very legitimate question.

While some lenders may forgive a deficiency balance, not all do. It is often an unsound economic decision for a lender to sue you for the deficiency balance. For one, you may not have any resources to pay them. You likely would not have defaulted on your mortgage if you could have afforded to pay it.

Some states protect their citizens with anti-deficiency laws. Rules vary from state to state.  Unfortunately, Florida does not have such a law mandating the lenders to forgive a deficiency.  Attorney Michael Blickensderfer will advocate for the seller in an attempt to convince their lender to waive the difference between the amount owed and the amount for which their property sold.

If you are considering a short sale of your primary residence, you want to consider contacting a Tampa real estate attorney.  Michael is experienced in dealing with mortgage companies.  While they are all governed by the same guidelines, they each have their own idiosyncrasies which Blick Law Firm deals with routinely on a daily basis.

Every seller in a short sale will receive a 1099-C, which is a notice to the IRS that the financial institution has forgiven or canceled a debt of $600 or more.   Although this must be reported on your tax return as income, the Mortgage Forgiveness Debt Relief Act of 2007 allows taxpayers to exclude income from the discharge of debt on their principal residence. This act is in place through December 31, 2012. The forgiveness is restricted to mortgage debt that you incurred to purchase your home. If you took out cash from the equity in your home in a refinance, as many Americans did during the real estate boom period, you are not covered by the Mortgage Forgiveness Act. Even if you cannot use the protections of the federal act, you may still be able to avoid declaring the dollars listed on the 1099-C.

Call Blick Law Firm today to see if you meet the IRS rules regarding your assets and liabilities and can use the IRS Form 982 to avoid declaring the 1099-C as income.

If the financial institution issues a 1099-C to you, it will probably not pursue you for the deficiency balance because it has deducted the loss on the loan from its taxes. However, there is no guarantee the financial institution will not pursue you for the deficiency balance and then later amend its tax returns.

If you end up with a deficiency balance, consider negotiating with your lender in an attempt to reach an out-of-court settlement on the debt. If necessary, enroll the debt in a debt negotiation program.  Another option is to negotiate the debt yourself. Consider offering the creditor 10 cents on the dollar for a lump-sum settlement.

Blick Law Firm can assist you, should this negotiation be necessary. Call today 813-931-0840.

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Tax Returns being used to file Bankruptcy

Posted on March 28, 2012 by Blick Law Firm

The Columbia University Mailman School of Public Health reports that more families have been using their tax rebates to file for bankruptcy.

In 2001, bankruptcies increased 2 percent after receiving rebates but increased 7 percent in 2008, according to research by Tal Gross, an assistant professor of health policy and management at the school.

Overall, Gross found bankruptcy filings fell by more than 50 percent between the two years, presumably due to the Bankruptcy Abuse Prevention and Consumer Protection Act passed in 2005.  Legal fees for filing increased from an average of $921 to $1,477.

While some debate the new law was a good way to weed out unnecessary filings, Gross believes it made it more difficult for families in need to dig themselves out of their financial troubles.

Although bankruptcy has had a bit of a bad rep in the past, it may be the only option for people with medical debt.  Attorney Michael Blickensderfer is knowledgeable in  recent bankruptcy laws and may offer assistance as you face this hardship.

Although filing for bankruptcy remains on one’s credit history for up to 10 years, the credit score may go up as much as 100 points as shortly as a year later.

Call Blick Law Firm today to receive a free consultation regarding chapter 7 bankruptcy  and how you can file and the procedures that go into filing.

Think quick, call Blick. 813-931-0840.

 

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Possession of controlled substance

Posted on March 27, 2012 by Blick Law Firm

There are laws in place for many addictive drugs, known as “controlled substances”. Users of these drugs run the risk of facing difficulty with the law. Know the law, here are some things you should be aware of:

“Simple” Possession of Drugs means you actually have the drug in your possession or you have access to them, even if it is locked in your car.

“Trafficking” of Drugs generally means the distribution or selling of drugs. It also refers to growing or manufacturing with an intent to sell. Importing and exporting is also a form of trafficking.

Check foreign regulations when taking your own medication for personal use.

The laws also take into consideration where you have possession of drugs, and in particular, whether you are at or near somewhere where there are vulnerable people, such as a school or daycare. The seriousness of the possession charges increase in places like this. As innocent as it may seem, you may find yourself in a situation with a prescribed controlled substance in your possession.

Using an addictive drug temporarily for personal health does not qualify you as an addict. If you are arrested for having one of these medically prescribed drugs in your possession, call Blick Law Firm immediately.We are here to help the hurting and those in need, call us today. 813-931-0840

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