Category Archives: Bankruptcy

Secured vs. Unsecured Loans

Posted on August 20, 2012 by Blick Law

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!

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Chapter 7 and Chapter 13 Bankruptcy basics

Posted on August 2, 2012 by Blick Law

Available Bankruptcy claim types vary depending on your particular situation, and understanding the differences is important.

Chapter 7 Bankruptcy is a liquidation proceeding whereby the debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash to pay off the creditors. Usually within four months the debtor then receives a discharge of all dischargeable debts. Usually, these dischargeable debts include your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt.

Chapter 7 Bankruptcy is generally available when the debtor has little property aside from the basic necessities like furniture and clothing; and the debtor has difficulty making payments on basic expenses, or has very little money left after doing so.

The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.

Chapter 13 Bankruptcy is more of a reorganization process that is available to debtors who have significant equity in a home or other property and want to keep it, or maintain a regular income but simply can’t keep up with the scheduled payments on their debts. Chapter 13 Bankruptcy allows the debtor to restructure the debt to have it paid off over a period of three to five years.

The advantage to filing Chapter 13 Bankruptcy is that you can maintain your property while spreading out the payments, you will have three to five years to catch up on delinquent accounts, and during that time you will make only one monthly payment to the bankruptcy trustee for payment to all creditors involved.

No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!

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Bankruptcy: Advantages and Alternatives

Posted on July 20, 2012 by Blick Law

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.

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.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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How long will a bankruptcy remain on my credit report?

Posted on July 5, 2012 by Blick Law

According to The Fair Credit Reporting Act, 6 U.S.C. Section 605, law states that credit reporting agencies may not report a bankruptcy case on a person’s credit report after ten years from the date the bankruptcy case is filed.  The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureau tries to remove Chapter 11 and Chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters. The bankruptcy court has no influence over these reporting policies.

Bankruptcy filers who would like to rebuild their credit are justifiably concerned about how long a bankruptcy can appear on their credit report. It is still possible to build a positive credit report even with a bankruptcy on your record, so long as you act responsibly. If you’ve ever received credit card offers before, you are likely to receive them again after your bankruptcy.  If your goal is to build good credit, it’s worth your while to consider the post-bankruptcy card offers that you receive with an eye toward building a record of consistently and fully repaying an open line of credit each month.

The Federal Trade Commission has a website that allows consumers a free credit report from the three major credit reporting companies:  https://www.annualcreditreport.com/cra/index.jsp.  Attorney, Michael Blickensderfer encourages all consumers to check their reports on a regular basis to ensure they do not contain any false information.  Should you find anything questionable, report it to the credit agency immediately.  If they are not willing to help you resolve this issue, call a Tampa bankruptcy attorney today at 813-931-0840.

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5 critical items needed for successfully filing your petition

Posted on June 12, 2012 by Blick Law

Filing for Chapter 7 or 13 Bankruptcy may be time consuming and stressful. There are critical documents that need to be recorded and filed to successfully discharge one’s debt. Five critical items needed for successfully filing your petition are:

1) When filing for bankruptcy, you will need to provide proof of income.

2) Recent payments need to be documented and reported for items including but not limited to: automobile payments, maintenance, rent, groceries, all household expenses, etc.

3) Itemizing your assets or items of value. This includes: bank account, 401K, cash on hand, valuable jewelry or the like.

4) Whether or not you intend to repay, you must record any accumulated debt you have acquired.

5) You may also need to provide information on certain transfers of money or property in the past recent years.

Filing for bankruptcy may be complex so it is important to hire a competent and experienced Tampa bankruptcy attorney to assist you through this stressful process. Call 813-931-0840 today for a free consultation on how we can assist you through your bankruptcy filing process.

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What not to do when filing for chapter 7 bankruptcy

Posted on May 28, 2012 by Blick Law

Feeling overwhelmed by a massive amount of debt? Feeling the weight of the economy piling on your shoulders?

At Blick Law Firm, we understand that filing for bankruptcy can be a very difficult and emotional process. However, it is important to remember that bankruptcy protects and provides relief for people overwhelmed with debt.

Bankruptcy laws liquidate assets to pay debts or create repayment plans to help people make a fresh, financial start. People with businesses are also able to file bankruptcy for orderly distributions of liquidation or financial re-organization. Most bankruptcy cases are filed under Chapter 7 or Chapter 13 of the Bankruptcy Code. Federal courts have exclusive jurisdiction over bankruptcy cases, so they cannot be filed in a state court.

The difference between a successful and an unsuccessful bankruptcy claim lies in correctly filing information and paperwork. Make sure you take the proper steps and precautions when filing for bankruptcy. Blick Law Firm has the expertise to assist you with your bankruptcy claim. We guide our clients every step of the way to answer any questions that may arise and ensure your claim is successful.

In today’s economy, filing for bankruptcy is common and often the best alternative. Rise above your current financial situation and take control today. Call Blick Law Firm to set up your FREE consultation to see if you qualify for a Chapter 7 or Chapter 13 Bankruptcy.

Some preventative quick tips when filing for Chapter 7 bankruptcy:

When filing for bankruptcy…DON’T do anything out of the ordinary in your finances beyond paying your regular bills and household expenses.

DON’T transfer any money or property to any one without first speaking to your chapter 7 bankruptcy attorney.

DON’T omit any information about your finances.

DON’T miss your meeting with the creditors.

DON’T omit any creditor from your bankruptcy filing.

DON’T be afraid or overwhelmed.  Blick Law Firm is here to assist you. Call today to receive your consultation at 813-931-0840. Think quick, call Blick.

 

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