Thursday, December 12, 2019

Emergency Bankruptcy to Stop Foreclosure

Are you facing foreclosure or car repossession? An emergency bankruptcy filing may be able to stop these actions in their tracks. Our Tampa bankruptcy attorneys do NOT advise to wait until the last moment to file bankruptcy. However, it is possible to file a bankruptcy petition before your property is seized. Call (813) 990-7944 for more info.
It is vital to file your emergency bankruptcy petition before the official date the property will be sold. Remember that all of the filing requirements must be met. These include preparation and submission of the petition, getting crediting counseling and other requirements. A Tampa, Florida bankruptcy attorney can assist you to get your emergency filing done on time to save your home or vehicle.

Note: It is not generally recommended to make an emergency bankruptcy filing. There are times when it is necessary, however. Bankruptcy requires extensive paperwork, and has very specific deadlines and next steps.
A danger of filing emergency bankruptcy is that if a mistake is made, the judge could dismiss your case or deny it. If you DO need to file emergency bankruptcy, be certain to choose an experienced bankruptcy attorney to represent your interests.

Why File Emergency Bankruptcy

When you submit your bankruptcy petition, an automatic stay begins. The automatic stay prohibits most creditors from harassing you for payment. For instance, if you are three months behind on your mortgage, the mortgage company may not contact you further for payment. Any ongoing foreclosure proceedings must halt.
An emergency bankruptcy petition has minimum forms to complete. Once this is done, the automatic stay begins. So your property is protected from creditors, and you have time to speak with your attorney in detail about how to proceed.

How to File Emergency Bankruptcy

Filing for Chapter 7 bankruptcy requires you to take a credit counseling class. It is usually available online. After you have completed the course, you will receive a certificate that you have passed. It must have a date that is at least one day before the emergency filing date.
Next, to start your bankruptcy, you have to file at least these documents:
  • Voluntary petition: A three page application that has all of your personal information, amount of debt total number of creditors.
  • Creditor matrix: Lists all contact information for your creditors, as well as all other parties that have to be contacted about the bankruptcy.
  • Exhibit D: This tells the course that you understand the requirement for credit counseling as a condition for filing emergency bankruptcy.
Once these initial forms are filed, you have 14 days to file all of the other forms. Your bankruptcy attorney will keep you organized and ensure that you file everything you need.

Call (813) 990-7944

People who are in serious financial trouble may be on the verge of losing their home, car, or both. Sometimes it is imperative to stop creditor collection activities fast.
If you want to stop foreclosure or car repossession, it is critical to contact an experienced attorney in bankruptcy law immediately. Our law firm offers no obligation consultations. Call (813) 990-7944 today.


Tuesday, October 3, 2017

Bankruptcy and Student Loans

Many students rely on student loans to complete their college degree. They depend upon their job and salary to pay enough for them to repay the debt. At the end of your college career, you easily could have more than $20,000 of debt to pay off. But what do you do if you are not making enough money to cover the debt and your other living expenses?

Bankruptcy Attorney in Tampa, Florida – Peter Zooberg – (813) 990-7944.

Bankruptcy Only In Some Situations

Many people think they can file for bankruptcy to avoid paying their college loans. But this is often not the case. Federal law states that student loans may not be discharged in bankruptcy.

Bankruptcy only will help you directly with your student loan debt if you can show that you are experiencing ‘undue hardship’ due to your debt obligations.

That determination must be made through a court action. This is difficult to obtain. It is up to the court entirely whether the standard has been met. Unfortunately, the US bankruptcy code does not provide a strict definition of undue hardship. So it is up entirely to the judge’s discretion.

To attempt to have your student loan discharged based upon hardship, you will need to file a petition or adversary proceeding to arrive at a determination.

The Brunner Test and Undue Hardship

Judges typically use what is called the Brunner test to determine if you are under undue hardship. The Brunner test requires a determination that:

  • The debtor cannot maintain a minimal standard of living for himself and his dependents if he must pay the student loans
  • Other mitigating circumstances exist that this situation will persist for much of the repayment period of the student loans
  • The debtor has made substantial good faith efforts to pay the loans

If you are able to prove undue hardship, your student loans may be canceled. This usually requires the services of an excellent attorney.

The good news is that even if bankruptcy will not cancel your student loans, there still may be other options

Contact An Attorney Today

Are you considering bankruptcy in Florida? Do you have student loans? This could be a stressful and confusing time for you, and we are ready to help you to decide what to do. Call our office at (813) 990-7944 to speak to a bankruptcy lawyer in Tampa.

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Monday, October 2, 2017

Florida Consumer Collection Practices Act – Brief Overview

Anyone who is experiencing financial difficulties in Florida should understand the Florida Consumer Collection Practices Act, or FCCPA.

This is a state law that protects you from unfair debt collection practices. The FCCPA specifically states the abusive debt collection practices that are illegal. The law also provides legal remedies for those who have experienced illegal creditor harassment.

The FCCPA is an additional law for Floridians on top of the protections afforded under the federal Fair Debt Collection Practices Act (FDCPA). The major addition under the FCCPA in Florida is that it protects you from harassment from both the original creditor and third-party debt collectors.

What Debt Collection Tactics Are Illegal?

In Florida under the FCCPA, it is illegal for your creditors to do the following:

  • Call or mail you directly after they know you have retained an attorney
  • Call you early in the morning or late at night
  • Contact you on the job after you have told them not to do so
  • Contact neighbors and co-workers about debts you supposedly owe
  • Engage in the use of profane or abusive language when contacting you
  • Pretending that they are attorneys
  • Filing a legal action against you in a distant location to make it difficult to defend
  • Threaten you with legal action, or threaten you with jail time for not paying a debt

If a creditor engages in these activities, it is illegal, and you should talk to an attorney about it.

Bankruptcy – Stop Creditor Harassment In Its Tracks

Filing bankruptcy is a serious financial decision, but it does have substantial benefits if you decide with your attorney to go forward. After you have submitted the legal paperwork to the local bankruptcy court, an automatic stay is issued. This is essentially a restraining order against all creditors. It prevents them from any further contact to seize property, recovery money, or put liens on your property. Your creditors must obey the requirements of both the FDCPA and the FCCPA.

Bankruptcy can provide you with tremendous relief, as you will no longer be harassed by creditors.

Florida Bankruptcy Attorney

Our Tampa, Florida law firm sues creditors for harassing our clients against the law. Under the FCCPA, if the creditor treats you improperly, you may be entitled to compensatory damages from the creditor. These damages can include:

  • Actual damages
  • Statutory damages not more than $1000
  • Potential punitive damages
  • Attorney’s fees and court costs

Call (813) 990-7944

If you are in financial distress and are being harassed by creditors, please contact our Tampa legal practice. We can provide you with more information about potential bankruptcy options.


Friday, September 29, 2017

Repossession Laws in Florida – Bankruptcy Attorney Explains

One of the worst parts of being in financial trouble for many people in Florida is auto repossession. If you can’t make your car loan payment, your vehicle can repossessed.

Losing your car can be frightening, stressful and embarrassing. For many Floridians, losing a car can devastate their ability to work, get the children to school and to buy the essentials of life.

Fortunately, one of the many benefits of Florida bankruptcy is that filing can halt all repossession actions temporarily. Let’s take a closer look at repossession laws in Florida so you understand how it works. If you’d like to speak to an attorney in the Tampa area, call (813) 990-7944.

Florida Auto Repossession Basics

Your creditor has the legal right to seize your vehicle when you have defaulted on the loan. Once you are defaulted, the vehicle may be repossessed at any time, without notice. They may come onto your property to seize it, too. Still, the creditor is banned from using actual, physical force or a threat of force to seize your car.

Stopping The Repo Man In His Tracks!

When you retain us to file your Florida bankruptcy petition, you may be immediately protected by an automatic stay. This can halt all creditor collection actions. Which would inlcude any car repossession efforts, lawsuits, bank account seizures and wage garnishment. The initial bankruptcy filing provides us with the time we need to review your legal options regarding your auto and other property.

In some cases, depending upon the value compared to what you owe, you may want to surrender it anyway. This is known as voluntary repossession. But this depends upon the situation.

Keep in mind that if you do surrender the vehicle, you will still owe the lender the balance on the loan. Luckily, filing bankruptcy can take care of this problem. In fact, many people often declare bankruptcy in large part because of a deficiency on a car loan. After the bank repos the car and sells it off, there is often a large deficiency of $4000 to $10,000 or more. This is too much cash for the lender to not to try to recoup. They will probably come after you. But again, declaring bankruptcy can be a solution to this problem.

Call Us for Help Today

If you are feeling the heat of a Florida repossession, we urge you to not delay. Never wait until the repo man or woman is banging on your door at 6 am. You should speak to a Florida bankruptcy attorney today. At our Tampa law firm, we represent financially troubled clients in similar situations. Please call (813) 990-7944 now.


Florida Repossession Laws - Bankruptcy Stops Car Repo?

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Thursday, September 14, 2017

Tampa Foreclosure Defense Lawyer – Save your home…

It is possible to save your home from foreclosure in the Tampa, Florida area. Attorney Peter Zooberg explains the foreclosure defense process in this short video.

If you need help saving your home from foreclosure, then call the Zooberg Law Firm at (813) 990-7944 for a consultation.

Emergency Bankruptcy Filing to Stop Foreclosure

Many attorneys use bankruptcy as a tool to save your home from foreclosure.

Late mortgage payments can cause the bank to foreclose on your home. However, a Chapter 13 bankruptcy can stop the foreclosure process altogether.

Once you file under Chapter 13 with the Bankruptcy Court, your home is immediately protected from foreclosure by the federal court system (“the Automatic Stay”).

At this point, creditors are not allowed to engage in any kind of collection activity regarding your debt. By law the collection phone calls and letters must stop, any foreclosure or repossession activities must also stop.

During the Ch 13 process, you should continue making your normal monthly mortgage payment. You also make a payment to the Bankruptcy Trustee who allocates a portion of that payment towards paying off your mortgage arrears.

Keep in mind that you need to file the Chapter 13 with the bankruptcy court before the actual foreclosure sale takes place (time is of the essence, call us now).

Can You Defend Yourself from Foreclosure in Tampa, Florida?

There are several foreclosures per year in the Tampa area. Many home owners suffer from lower income, higher property taxes and higher home owner insurance costs. Added together, some people still have trouble making their monthly mortgage payment.

If that is you, it is important to understand the basics of Florida foreclosure law. After this brief review, please contact our Tampa foreclosure attorneys if you have any questions.

Florida Foreclosure Overview

Your mortgage lender can start foreclosure when the loan is in default by sending you a demand letter. If you cannot pay, the lender starts the foreclosure.

The lender will file a Lis Pendens and Complaint. This begins the foreclosure.

You must respond in a timely manner, and if you fail to respond in the allotted time period, then you may waive your defense to the foreclosure.

If you do receive a foreclosure complaint, we advise that you call our office immediately. We can help you take the steps necessary to stop the foreclosure process.


Tampa Foreclosure Defense Lawyer (813) 990-7944 Zoberg Law Firm

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Tuesday, September 12, 2017

Chapter 13 Bankruptcy Attorney in Tampa, Florida

Many of our potential clients ask us whether they should file under Chapter 13 or under Chapter 7. We have found that in most cases, Chapter 7 is the best option, but this video discusses when Chapter 13 may be more appropriate.

Peter Zooberg is a bankruptcy lawyer in Tampa, FL (813) 990-7944.

Video Summary: Chapter 13 vs. Chapter 7

Chapter 13 is typically only recommended as a backup option to Chapter 7 cases. There will be certain cases where a particular client is not a great candidate for (the more common) Chapter 7, and these are the clients who will end up filing under Chapter 13.

In some cases, we have clients who make too much money to file under Chapter 7. Also, late payments in monthly car or mortgage payments would make it a good idea to file under Chapter 13, because filing under Chapter 7 may cause you to loose that property.

Chapter 13 provides a mechanism to save property that you might otherwise loose under Chapter 7.

If you file a Chapter 13 bankruptcy, the process usually lasts for about 3-5 years, wherein you make a monthly payment to the Bankruptcy Trustee, who then allocates a portion of that payment to a certain portion of your debt.

Certain debts like car payments and mortgage arrears, can be paid for in full through the Chapter 13 plan. This is how you are able to save property that you otherwise would have lost.

Call (813) 990-7944

If you are considering filing bankruptcy, then give us a call for a no obligation consultation.

You may also be interested in…


Chapter 13 Bankruptcy Lawyer in Tampa, Florida (813) 990-7944

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Chapter 7 Bankruptcy Lawyer – Tampa, FL – How to File

Peter Zooberg is a bankruptcy attorney in Tampa, Florida (813) 990-7944.

This video discusses the process for filing Chapter 7 in Florida and a few interesting points that each potential client should be made aware of.

Video Summary – Ch. 7

In a Chapter 7 bankruptcy we will list all of your debts and all of your assets, and certain other facts about your recent financial history. This paperwork will be filed with the bankruptcy court. Approximately one month later we will attend a hearing with the Bankruptcy Trustee’s office.

About 2 months after the hearing at the Trustee’s office, you will receive a copy of discharge from the Bankruptcy court. This letter states that your debts have been discharged and is really just a fresh start for you financially.

Certain Debts Are Non-Dischargeable in Ch 7

Some debts will not get wiped out when we file the case.

Examples of Non-Discharegeable Debt: Federal & State Taxes, Student Loan Debt, Child Support Payments.

Clients Who Are Not Good Candidates for Chapter 7

Certain clients make too much money to file under Chapter 7 and may need to file under Chapter 13.

Filing Chapter 7 Bankruptcy in Tampa, Florida

After the last financial downturn, many in Florida felt the economic crunch. Many workers lost their jobs. Home values plummeted and equity in property plunged. This has caused many people in the Tampa area to consider filing for Chapter 7 bankruptcy.

Chapter 7 is sometimes known as liquidation bankruptcy, and it can be used to liquidate your nonexempt assets to pay debts.

Many people who file Chapter 7 bankruptcy in Florida have a large amount of debts on credit cards, and possibly medical bills. Florida law allows you to keep some assets, per the state and federal property exemption statutes. Some of these exempt assets may include:

  • Home
  • Car
  • Clothing and some personal possessions

If there is any nonexempt property that may be sold or auctioned to pay creditors, it can be liquidated by the bankruptcy trustee.

While many people are upset at losing some of their nonexempt assets, this does not always occur. And remember that if you do have to give up some assets, you are able to wipe out most of your debts, which is a huge benefit.

It can be a very tough call on whether to file Chapter 7 bankruptcy or not. Sometimes it is the best financial option to simply cancel out most of your outstanding debts and to start fresh. To determine if this is the best financial move, please contact our experienced Tampa, Florida bankruptcy attorney for a no-obligation consultation.

See also…


Chapter 7 Bankruptcy Lawyer Tampa Florida (813) 990-7944

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Emergency Bankruptcy to Stop Foreclosure

Are you facing foreclosure or car repossession? An emergency bankruptcy filing may be able to stop these actions in their tracks. Our Tampa ...