Tag Archives: personal injury lawyer

Filing for Bankruptcy Debt

Posted on March 21, 2013 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. While individuals are allowed to file Bankruptcy without the use of an attorney (commonly referred to as pro se), it is strongly discouraged by the U.S. Bankruptcy Court.

Bankruptcy is a difficult process with very technical issues, and individuals are discouraged from attempting to file on their own because they could put themselves in jeopardy by not undertaking the proper steps or simply failing to compile all of the necessary information. If certain technical requirements for Bankruptcy are not satisfied properly, a debtor could be precluded from filing Bankruptcy altogether, may lose the right to file again, and may lose protections in a later case, including the benefit of the automatic stay.

The Bankruptcy Judge can also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Debtors should also consider that Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.

A competent Bankruptcy attorney will ensure that the process is undertaken properly and that all necessary information is accounted for in order to successfully receive a proper Bankruptcy discharge.

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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Motor Vehicle Searches and Arrest

Posted on February 19, 2013 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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Bankruptcy Filing Tampa

Posted on February 13, 2013 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.

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.

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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Increase in Personal Injury Claims

Posted on January 29, 2013 by Blick Law

Over the past couple of years there has been an increasing trend in the number of personal injury claims. A personal injury claim arises when a party suffers an injury with lasting consequences as a result of the actions of another party. The recent rising trend of injury claims is attributable to various reasons.

One reason is that injury victims are finding it easier to file claims in a market that offers no fee for cases that result in no recovery. Legal fees associated with personal injury claims are paid on a contingency basis; as a result, the standard is that attorneys offer to represent injury victims with payment for services contingent upon a recovery settlement. While this type of arrangement may encourage injured claimants to file suit more readily, it is important to recognize that the recovery is tapered by the legitimacy and extent of the injury.

The rise in personal injury claims is also attributable to various products that were negligently released to the public, and have caused serious and even life threatening effects.

Media coverage and an overall heightened awareness of the availability of insurance compensation for injuries have also encouraged injury victims to pursue recovery for injuries sustained through the actions or negligence of another person or company. Furthermore, while auto accidents haven’t increased in frequency over the past couple of years, the number of claims arising out of auto accidents has risen likely due to the publicity of auto accident injury recovery; and the recent trend may also suggest that motorists are more likely to seek compensation for insurance coverage that they are mandated to pay, even for marginal injuries.

Personal injury claims all vary in severity, and often times they involve lifelong consequences that require extensive future medical expenses and years of pain and suffering. If you or a loved one has been injured due to the actions or negligence of another, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Gasparilla Parade Arrests

Posted on January 25, 2013 by Blick Law

Tampa’s annual Gasparilla parade returns this weekend! As most Tampa natives know, the Gasparilla parade celebration brings the entire community together in an all day festival inspired by the legend of Jose Gaspar. The main parade attracts upwards of 300,000 people each year; and as most people know, the festivities surrounding the event lead many to get carried away with their celebrations. According to reports from prior Gasparilla parades, hundreds of arrests are made each year for open container violations; numerous citations are issued for various civil infractions and dozens of people are arrested for other alcohol related criminal offenses, especially Disorderly Conduct, DUI, Boating Under the Influence, and Underage Drinking.

It is important to be responsible and avoid potential arrests during and after the Gasparilla festivities. Make your arrangements ahead of time to get home safely, and ensure the safety of others. Additionally, the City of Tampa recommends you:

  • Plan your day in Advance – Save time by planning where you will park and the route you plan to take.
  • Pick a meeting place – Select a spot where others in your party will know to return in the event you get separated.
  • Know the “Wet Zones” – The parade route allows participants to drink alcohol openly, but only from vendors selling along the route. No coolers, kegs or open containers are allowed elsewhere on the streets; and absolutely no glass containers.

In the event you are arrested during the Gasparilla parade, it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. Call Blick Law Firm immediately at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Bankruptcy: Chapter 13, what does is it mean?

Posted on January 23, 2013 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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