Tag Archives: abogados en tampa

What is Bankruptcy?!

Posted on October 24, 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.

Available Bankruptcy claim types vary depending on your particular position, 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. 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!

Posted in Bankruptcy, Blog | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Foreclosure and Short Sale

Posted on October 24, 2012 by Blick Law

Foreclosure is the process by which a lender attempts to recover the unpaid balance of a loan after the borrower discontinues payments. Foreclosure allows the lender to force a sale of the home in order to satisfy the remaining balance of the loan.

In Florida, if you have received a foreclosure summons complaint, you have 20 days to answer in order to avoid a default judgment being issued against you. Once your home is threatened by foreclosure, it is important to seek legal advice and explore what options may be available.

For many homeowners, a short sale can be a helpful tool when trying to avoid foreclosure. A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation. Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.

Though a Short Sale may be an available option to avoid Foreclosure, it is a complicated process, and sometimes the lender may not even be willing to negotiate with you. It is important to consult a real estate attorney  who can offer you peace of mind that your potential foreclosure is being defended by an accountable professional.

If you or a loved one are being threatened by Foreclosure or have legal questions regarding a Short Sale or other potential legal remedies, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

Posted in Blog, Foreclosure Defense, Real Estate | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Bankruptcy: Advantages and Alternatives

Posted on October 19, 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.

Posted in Bankruptcy, Blog | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Process of Purchasing a Home

Posted on October 16, 2012 by Blick Law

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

First, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening on an escrow account the buyer then needs to take the necessary steps to protect their interest in the home. These steps include:

  • Completing a Title search
  • Purchasing Title Insurance
  • Completing a Home inspection and Pest inspection
  • Negotiating the Closing costs; and
  • Locking the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process. An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.

If you or a loved one is considering purchasing a home and need advice on what to expect, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

Posted in Blog, Real Estate, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Bankruptcy Joint vs. Separate Filing

Posted on October 12, 2012 by Blick Law

When married couples consider Chapter 7 or 13 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.

Posted in Bankruptcy, Blog | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

What is a Will? And do I need one?

Posted on October 5, 2012 by Blick Law

A Will is a legal document that provides direction for how a decedent intends to distribute their assets upon their death. Many times, people avoid considering the different options available through probate out of apprehension of thinking about their own death.

When a person dies without a will they are said to have died intestate. The State will then follow the intestacy guidelines governing how to distribute intestate assets to heirs based on relation and bloodline.

Realistically, executing a Will for the disposition of one’s assets is an important part of planning the future of your estate. It is always better to have your intentions memorialized in an executed Will than have the State determine the disposition of your assets. Probate is the process of identifying and gathering the assets of the deceased person, paying their debts, and distributing the assets to his or her beneficiaries.

Many considerations must be made prior to setting forth the distribution of one’s assets following their death, and often times other legal documents are more suitable for particular situations. It is important to discuss your situation with an experienced probate attorney, and determine what is best for you be it a Will or Trust instrument.

If you or a loved have concerns or questions about the future of your estate, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer at 813-931-0840. Think quick, call Blick!

Posted in Blog, Real Estate | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment