Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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Bankruptcy
Post-Bankruptcy Discrimination A common concern among people considering bankruptcy is discrimination by the government and private employers due to their filing for bankruptcy. There are laws in place that protect individuals from discrimination because of a bankruptcy filing. These laws aim to prevent discrimination by the government and by private employers. Individuals are protected from post-bankruptcy discrimination by all levels of the government. 11 U.S.C. § 525(a) prohibits the government from using bankruptcy as a reason for denying an individual a job or firing an individual as well as denying public benefits. The law also provides other protections from government discrimination because of a bankruptcy filing. There are laws that protect individuals from discrimination by private employers that may do so because of a bankruptcy filing. 11 U.S.C. § 525(b) prohibits employers from firing an individual solely due to a bankruptcy filing. The law does not however protect against many other kinds of discrimination due to the filing of bankruptcy. To better understand the bankruptcy process and bankruptcy laws like the ones previously mentioned it is important to consult with an attorney. Eric Lanigan and Roddy Lanigan have helped individuals across Florida with their bankruptcies. To discuss your bankruptcy situation or any other legal need call Lanigan and Lanigan for answers to questions on bankruptcy, foreclosure, mortgage workouts, asset protection and other practice...
Bankruptcy
States differ on laws regarding marital property. Florida is a tenancy by the entirety state meaning that real estate and other property owned by the couple are considered property of the marriage and not individually owned by one of the spouses. For information on property that may be disputed, please watch this video on the Lanigan&Lanigan YouTube channel called, “Bankruptcy Possessions Paid for by Couple, Owned by Couple.” When you’re considering bankruptcy consult with Winter Park attorneys Eric Lanigan and Roddy Lanigan who have assisted many clients with bankruptcy and foreclosure issues. This means that property owned by couples as tenants in the entirety will only be property of a bankruptcy estate if both spouses file for bankruptcy as a couple. If only one spouse files for bankruptcy, the property held in tenancy of the entirety will not be property of the bankruptcy estate. However, other issues arise concerning debts a couple may have taken on jointly. Issues of marital property are common in the bankruptcy process. Before filing for bankruptcy it is important to have the proper legal representation to guide you through the process. Deciding whether to file bankruptcy is difficult. Before you make any choices that could effect you and your financial future call Lanigan and Lanigan. For questions you may have about all your legal issues and concerns call Winter Park lawyers Eric Lanigan and Roddy...
Bankruptcy
The ins and outs of the automatic stay in bankruptcy involve actions that can stop creditors from pursuing debts. Prior to filing for bankruptcy many individuals will have creditors calling and demanding payment. The creditors you may owe money to will threaten you with legal or collection action. Filing for bankruptcy creates an automatic stay which puts a temporary halt on the creditors’ collection attempts. Winter Park, Florida, bankruptcy attorney Roddy Lanigan and Eric Lanigan explain to their clients that an automatic stay doesn’t apply to all creditors. There are certain creditors who will still be able to attempt to collect on what is owed. Other creditors will be able to go to the judge to have the stay lifted as it pertains to the debt owed to them. It is important to know how the automatic stay can affect you and your creditors and when you work with the Lanigans, they walk you through the ins and outs of Chapter 7 bankruptcy, Chapter 11 bankruptcy and Chapter 11 bankruptcy where this situation will arise. During the bankruptcy process it is important to have the right legal counsel to assist you. The attorneys at the Orlando area law firm of Lanigan and Lanigan can guide you through the bankruptcy process. They have assisted many individuals like you with bankruptcy and foreclosure issues. Contact Central Florida attorneys Eric Lanigan and Roddy Lanigan with any legal issues you may...
Bankruptcy
Chapter 13 bankruptcy attorneys Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan in Winter Park, Florida, walk clients through bankruptcy process so that they clearly understand the options. If you’re going to file a Chapter 13 bankruptcy in Florida, it’s important to hire an attorney who can review your financial situation and determine that bankruptcy is the right plan for you. Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan in Winter Park, Florida, walk clients through the process so that a client succeeds in this three to five year plan. There is an accessment of the client’s financial situation to find out if the client can repay the client with a steady income. All bills and debts are reviewed and weighed against the amount owed. Creditors will be negotiated with to determine the amount of money that will be repaid and what will be eliminated. The Lanigans will work with the court to finalize a payment plan that fits income and the amount of debt owed to creditors. After the payment plan is filed with the court, there will be a confirmation hearing before a judge. Clients may appear at the hearing, objections are permitted. The judge will hear both sides before confirming the plan. Once the plan is confirmed by the judge, payments can begin immediately and must be maintained and never late or the bankrupty can be dismissed. The ability to make the monthly payments is a necessary part of a Chapter 13 bankruptcy, so the client must be employed, or at least have prospects of future income. Those who need to file because of job...
Bankruptcy
Business Direction From Bankruptcy Attorneys Business reorganization is sometimes a better choice than bankruptcy for companies trying to stay afloat in a tough economy. Florida businesses are taking a beating because consumers are affected by a slow recovery which translates to lower profit margins. When debt increases and revenue drops drastically, bankruptcy is often the first thing that people will try to alleviate the stress. Sometimes it’s the first step toward closing the business down. A distressed business doesn’t have to file Chapter 11 bankruptcy. Winter Park bankruptcy attorneys Eric Lanigan and Roddy Lanigan have provided corporate debt restructuring which is a business reorganization for companies in crisis. Building a successful business takes years of work and sacrifice. Most owners are hard pressed to submit to the humiliation of going broke after investing so much time, energy and money into a dream. There is a very lengthy proceeding and creditors who can legally take ownership of a failing enterprise if the business has not protected its assets. Chapter 11 commercial debt protection may be the most familiar to business owners but it’s a last ditch effort to keep the company running but it’s also an expensive one. Attorney fees can begin in the thousands and end in the hundreds of thousands. When you add the emotional stress and the time it takes to handle day-to-day operations while meeting with trustees and attorneys, it’s easy to see why indebted entrepreneurs would want an alternative to the process of commercial debt protection. A business reorganization is the business owner’s way out of bankruptcy. Attorneys Eric and Roddy Lanigan can help businesses:...
Bankruptcy
Bankruptcy law has changed since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 took effect. Now, there are requirements and restrictions, some of which are beneficial. It will be important to look over the bankruptcy law changes to determine if they will affect any attempts to file. Consider other options you have if you actually can no longer qualify for bankruptcy under the new rules. Bankruptcy law used to be more lenient. As a result, people began to abuse the system, filing when they really didn’t need to file and making huge purchases on credit before filing. Not anymore. Now that is considered bankruptcy fraud. Consult with Eric Lanigan and Roddy Lanigan to find out if you qualify for bankruptcy. There are several financial options available to resolve problems. For these reasons and more, changes had to take effect. When they now make it much harder for people to be able to file and eliminate their debts. Eliminating or pay off debt under the protection of the government is one program to look into. Under Chapter 7 bankruptcy, debt is forgiven while in a Chapter 13 bankruptcy, it is expected that a person follow a debt payback plan in five years. The old bankruptcy laws allowed filers to basically choose which chapter they preferred to file under. Also, Chapter 7 filers could value their property at the auction price under the old bankruptcy law. The new law puts the retail price on personal property, increasing the value and the chance of the property being repossessed. Under the old law, debtors were allowed to keep an amount of...
The Law
Top Winter Park Florida attorneys Eric Lanigan and Roddy Lanigan provide legal services including real estate, appeals, Chapter 11 bankruptcy, white collar criminal defense to clients across Florida, the U.S., and internationally. Attorney Eric A. Lanigan has practiced law in Florida since 1976 strengthening the law firm through partnership with Roddy B. Lanigan in 2007 to form Lanigan & Lanigan, P.L. The Lanigans are passionate about the practice of law and counsel clients who are facing complicated financial and business legal issues in Florida, the U.S., North America, South America, Europe, Asia, Central America. Lanigan and Lanigan provide legal advice, negotiation and litigation including: Asset Protection Bankruptcy Business and Civil Litigation Business Workouts Criminal Defense Corporate Reorganization Foreclosure Defense Mortgage Workouts Real Estate Litigation Securities and Investment Losses Eric Lanigan and Roddy Lanigan are committed to helping clients to achieve individual legal goals with attention given to each unique set of needs. The Lanigans personally attend every client meeting and handle all cases. They’re able to provide the benefits and resources of a big law firm without the hassles. Consult with Lanigan and Lanigan to determine what you should do when you need legal guidance. Eric Lanigan and Roddy Lanigan are experienced attorneys for clients seeking aggressive representation with a personal touch. Call 407-740-7379 for a meeting at their Winter Park...
The Law
Investment fraud is big business in Florida. There are millions of people who retire in the state for health reasons because they need warm weather. The retirement funds come with the seniors who move down and fall prey to the scam artists who through a wide array of financial schemes go after life savings and assets. Winter Park, Florida, law firm Lanigan and Lanigan, P.L., has been providing legal guidance to recover investment losses and pursue charges against those responsible for the many securities crimes that take from people of all ages. Eric Lanigan and Roddy Lanigan work with clients to bring the investment and securities criminals to justice by uncovering the fraud committed against unknowing, innocent individuals. Seniors aren’t the only group with investment funds. People of all ages retire early and move to Florida for a life near the ocean and are often taken advantage of through elaborate investment and pyramid schemes with the promise of quickly doubling their savings or investments. Common Florida Investment Schemes and Fraud: Commodities Fraud – Commodities are valuable products or materials of uniform quality–precious metals, coffee, crude oil–scam artists use fake sales practices to solicit victims’ funds for commodities transactions that either never occur or are inconsistent and short of the original sales pitch. High yield investment frauds known as Ponzi or pyramid schemes – These promise high rates of return with little or no risk. If it sounds too good to be true, it is. A Ponzi scheme uses money collected from new investors to pay returns promised to first investors. Success stories in the first group gives the impression...
Real Estate, The Law
A major increase in real estate litigation comes due to issues surrounding agency representation according to Winter Park attorney Eric Lanigan. Buying and selling a new home is an emotional experience. It can also become a legal experience if you hire a realtor to find the home of your dreams or sell your home and something doesn’t work out as planned. Regardless if it’s your home, a home you’re buying, are having issues with a disclosure form or a dispute over a home warranty, a property line, a land zoning or quality issue consult with Lanigan and Lanigan, P.L. If you have a problem purchasing property work with Florida real estate attorney Eric Lanigan or Roddy Lanigan to handle your legal issues. The number one reason that real estate agents and brokers are involved in litigation are due to client and agent issues regarding agency representation according to a survey conducted every two years by The National Association of Realtors. Agency representation issues refer to whether a real estate agent represents buyers or sellers or provides dual agency representing both parties. If a realtor represents both parties, it must be divulged before the contract for agency is signed. Agency representation cases rose 36 percent from 2009. Agency issues were one of the top 3 causes of litigation: Agency 73% Property condition disclosures 68% Ethics 53% Third-party liability 49% Fair housing 48% Technology 48% Anti-trust issues 47% The lawsuits were based on accusations that an agent or a broker had breached client fiduciary duty. For example, an agent was accused of failing to explain the importance of property disclosures and instructing...
The Law
There are new immigration legislative measures (U.S. Start-up Visas) recently announced by President Obama created to help bring and keep people from other countries. The focus is on individuals who will provide jobs through businesses and who will strengthen existing businesses with the level of skill they bring. Eric Lanigan and Roddy Lanigan have been preparing employment visas for multinational corporations hiring foreign nationals. The Lanigans handle immigration cases. Consult with the Lanigan about immigration when your business is trying to solve immigration issues and navigate the many rules, regulations and changes that are involved in the process of bringing foreign employees into the United States. The Startup Visa is the name of the program with makes the H-1B program stronger. It includes providing green cards to foreign-born science, technology, engineering, and math graduate diplomas to help keep them working in the U.S. The Obama Administration is trying to attract and keep highly-skilled immigrants which is described as critical to job creation and economic recovery. New jobs in the U.S. are created in start-ups and small businesses. Statistics show that 25 percent of high-tech startups in the United States were founded by immigrants, leading to more than 200,000 jobs in America. The following initiatives to change the H-1B program have been offered: Allow spouses of F-1 students to enroll in part-time study courses Allow spouses of H-1B holders (known as H-4 visa holders) who are waiting for USCIS action on an adjustment of status green card application to apply for work authorization after meeting a minimum period of H-1B status in the U.S. Support employment-based immigrant visa applications for...
