Tag Archives: carrollwood law firm

Chapter 13 Bankruptcy

Posted on September 17, 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.

When considering Bankruptcy, a Chapter 7 filing is a useful way to discharge of most debt and can relieve the burden of creditor collection attempts. However, many times a debtor has equity in a home or property and would like to file for Bankruptcy but not surrender their home. In these cases, a debtor can reaffirm the debt for the particular property they would like to maintain and keep making the payments, or file for Chapter 13 Bankruptcy which allows the debtor to reorganize the debt into a consolidated and more manageable payment.

Chapter 13 Bankruptcy gives the debtor an opportunity to manage their debt over a period of 3 to 5 years and still maintain the rights to both exempt and non-exempt property. This is particularly useful when the debtor has a large amount of equity in the home or property. Chapter 13 also helps by reducing payments on debts that cannot be discharged by Chapter 7, such as Student Loans; additionally, Chapter 13 helps avoid wage garnishment, delays the foreclosure process on the home, protects co-signers, and allows for an overall extension on the repayment term of most debts.

However, the decision to declare Bankruptcy also comes with consequences. The disadvantages of filing Chapter 13 include:

  • Credit reports will show a Chapter 13 Bankruptcy filing for 7 years
  • The debtor will receive high interest rates on future credit
  • The debtor will have a strict budget in place in order to ensure the reorganized debt payments
  • Legal representation fees tend to be higher, plus added court costs

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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Florida Domestic Violence Awareness

Posted on September 6, 2012 by Blick Law

Domestic Violence is a serious criminal offense that occurs frequently in Florida, and the sensitive nature of the offense is sometimes diminished by a misconception that it is often falsely reported. However, the U.S. Department of Justice, Bureau of Justice Statistics considers Domestic Violence to be one of the most chronically underreported crimes, and according to reports it is estimated that 85 % of Domestic Violence victims are women

Domestic Violence is statutorily defined in Florida as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Incidents of Domestic Violence effect Floridians daily, and according to the Florida Coalition Against Domestic Violence, the following Domestic Violence statistics took place between 2010 and 2011 alone:

  • 113,378 crimes of domestic violence were reported to Florida law enforcement agencies resulting in 67,810 arrests.
  • Florida’s certified domestic violence centers provided 477,489 nights of emergency shelter to 15,789 survivors of domestic violence and their children.
  • Advocates created 87,474 tailored safety plans, provided a total of 484,950 hours of outreach and counseling services, and answered 130,393 domestic violence hotline calls from individual seeking emergency services, information, and safety planning assistance.

Domestic Violence continues to be a growing problem that effects all genders, all races, and all ages. Additionally, the effect on children who witness incidents of Domestic Violence is extensive; and families must be made aware of the trauma, and life altering consequences that can occur due to exposure to Domestic Violence.

If you or a loved one have been a victim of Domestic Violence and need help, call Blick Law Firm today at 813-931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Motor Vehicle Searches in Florida

Posted on September 5, 2012 by Blick Law

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.

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Burn Victims: Recovery for Pain and Suffering

Posted on August 30, 2012 by Blick Law

Every year, innocent victims of fires incur life altering burns, pain, and disfigurement and are forced into a life of constant rehabilitation. The pain and suffering that results are an unfortunate and devastating aspect of the severity of injuries that can occur due to exposure to fire; and most times the burn victims themselves are not even at fault.

If another party is responsible for the fire, you are entitled to seek compensation for medical expenses, loss of income, and pain and suffering. Compensation for pain and suffering includes any pain, disfigurement, emotional distress, disability, and even embarrassment attributable to the burn injury sustained; and the recovery for these damages includes both present and future losses.

Cases involving burn victims vary in their severity, but ultimately are traumatizing no matter how severe; and the pain involved in treating these injuries is overwhelming. Many factors are considered when assessing the amount of recovery available to burn victims, beginning with liability, the severity of the burns, the amount of rehabilitation and treatment required, the extent of the disability incurred, disfigurement, and the extent of emotional distress. These factors are difficult to quantify in terms of recovery, but  can result in substantial awards for damage.

If you or a loved has been injured in a fire, call Blick Law Firm today at (813) 931-0840. Call today to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick.

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Florida Hurricane Safety

Posted on August 28, 2012 by Blick Law

Weather conditions in Florida frequently cause safety concerns on the roadways, and it is important to be aware of potential dangers and take safety precautions to avoid them.

Inclement weather causes tricky road conditions like standing water or flooding. These road conditions often times conceal dangerous debris, tree branches, and even power lines that are not visible. Many drivers attempt to drive through flooded areas and risk encountering hazards to save time or to avoid an inconvenient detour; drivers should always consider the safety risks and take necessary precautions by avoiding flooded areas.

Many times, weather conditions cause traffic lights to become inoperative, creating confusion on the roadways that can lead to deadly collisions. When encountering a downed traffic light, every driver approaching the intersection should come to a complete stop and yield the right-of-way to any vehicle which has entered the intersection.

Be cautious, and consider that the roads are wet and cars are more prone to skidding and loss of control.

In the event Hurricane conditions cause the need to evacuate, have a plan ready, know where you will go, and research several alternate routes in the event of closed roads and severe traffic congestion.

If you or a loved one has been injured as a result of dangerous roadway conditions, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Back to School: Bullying and Child Safety

Posted on August 21, 2012 by Blick Law

For many children, returning to school is an exciting time to reunite with old friends, meet new ones, and begin a fresh start in a new school year. However, for some children, school has become a place they have learned to despise because of exclusion and teenage bullying. In recent years, bullying has become a growing concern for parents and school officials alike.

The growing problem has gained visibility through horrible stories of verbal, physical, and even sexual abuse that has been taking place in schools all across the United States.

In response, Congress has sought to enact the Safe Schools Improvement Act to implement anti-bullying measures which would require U.S. schools to report bullying and to provide intervention and prevention programs. The U.S. Department of Education has also issued guidance to schools, colleges, and universities, making it clear that schools have not just a moral responsibility, but a legal responsibility, to protect all students from harassment and bullying.

The Department of Education has also launched the website StopBullying.gov to provide information to school officials, parents, and children on what is being done to prevent bullying, and what to do in the event your child becomes a victim.

If you need advice, or are concerned about abuse at your child’s school, call Blick Law Firm today at (813) 931-0840 and schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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