Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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Bankruptcy
Be Prepared for All Your Meetings After the recent economic meltdown a large number of people are falling into debt and are turning to bankruptcy or a debt consolidation program to pay off the debt. The number of people filing for bankruptcy or pursuing debt consolidation is constantly increasing. When filing for Chapter 13 bankruptcy people go to a lawyer who helps them pay creditors in compliance with a court-ordered repayment plan. Knowing how to file this bankruptcy properly with the direction of a qualified lawyer is important. Winter Park bankruptcy attorney Eric Lanigan and Roddy Lanigan will give you a questionnaire and find out who your debts are owed to in what amounts. They’ll complete all forms after you’ve provided an in-depth informational questionnaire. They’ll provide you with dates for any court appearances you must attend, and what counseling prior to filing that you will need to go through and complete. · Fill out all answers completely, accurately and according to the directions the Lanigans provide. You must provide answers honestly and complete all paperwork for the Chapter 13 as instructed. The more completely, accurately and promptly you complete your paperwork, the more quickly the process will go. Be sure to keep copies of all of your paperwork and do not give your originals away. You will not be able to get them back. · You will have to pay for and complete a session with a credit counseling organization and go through the first of two sessions online before filing your Chapter 13 bankruptcy. The counselor will ask you a few questions about your debt from the...
Bankruptcy
Judgment Proof in Bankruptcy Some individuals considering the filing for bankruptcy may not benefit much at all from a bankruptcy filing even though they are dealing with debt issues. Most individuals who are struggling with debt but would not benefit from a bankruptcy are considered judgment proof. An individual is considered judgment proof if creditors who obtain a judgment would be unable to collect anything with the judgment. The reason creditors may not be able to do anything with a collection judgment is due to the source of income of an indebted individual. If the sole source of income of an individual is social security or any other source that is off limits to creditors then the individual is judgment proof if all of his or her property is exempt as well. The attorneys at the Orlando area law firm of Lanigan and Lanigan can help you understand the many possibilities surrounding your bankruptcy filing. An individual who is considered judgment proof may, however, benefit from filing for bankruptcy. One benefit for judgment proof individuals who do file for bankruptcy is that filing for bankruptcy can cease harassment from creditors. It is common for creditors to relentlessly call individual’s regarding their debt. The bankruptcy filing process can be challenging and frustrating. Winter Park attorney Eric Lanigan or Roddy Lanigan can help you through the bankruptcy process. Call the Central Florida attorneys at Lanigan and Lanigan and set an appointment to meet with them in their office for any legal issues you may have....
Bankruptcy
The bankruptcy laws have made it very difficult and discharging student loan debt through bankruptcy is only very rarely possible with non-Federal student loans. A common source of debt for many Americans is student loans. It has recently been estimated that student loan debt in the United States has hit over 1 trillion dollars. The Internal Revenue Code Section 221(d)(1) defines student loans as “any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses (A) which are incurred on behalf of the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer as of the time the indebtedness was incurred, (B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and (C) which are attributable to education furnished during a period during which the recipient was an eligible student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified student loan.” The only way to discharge a private student loan is to show undue hardship. This is a very challenging requirement to prove and highly unlikely. To get the successful discharge of a student loan, an individual must file a Complaint to Determine Dischargeability of Student Loan and have the court rule in his or her favor. Courts generally rule against the claimant in these matters. When facing the prospect of bankruptcy it is important to have the right legal counsel to guide you through your options. Winter Park, Florida, attorneys Eric Lanigan and Roddy Lanigan have experience helping clients with bankruptcy complexities and issues. Contact Central Florida attorneys Eric Lanigan and Roddy Lanigan...
Bankruptcy
Facing Eviction While Filing Chapter 7 Bankruptcy Many individuals considering filing for Chapter 7 bankruptcy are also facing the possibility of being evicted from their current residence. In the past it was not uncommon for people to file for Chapter 7 bankruptcy to prevent an eviction. New bankruptcy laws in place today have made it easier for landlords to evict tenants despite an automatic stay resulting from filing for bankruptcy. A landlord who obtains a judgment of possession before an individual files for bankruptcy is able to proceed with an eviction regardless of an automatic stay. However, there may be exceptions to this rule that may apply to your case. Winter Park lawyer Eric Lanigan and Roddy Lanigan at the law firm of Lanigan and Lanigan will be able to help you through this process. They can answer questions, help clarify next steps and provide direction on your options. A landlord may also evict a tenant if the tenant is endangering the property or using illegal drugs. To evict under these grounds the landlord must file and serve certification saying that the grounds for the eviction was endangering property or illegal use of controlled substances on the property. A tenant is able to challenge an eviction by filing an objection to truth of the statements in the certifications. The court will hold a hearing on the objection and decide whether the eviction must wait till after the bankruptcy. It is important to consult with an attorney regarding bankruptcy which is a complex process. The Winter Park attorneys at Lanigan and Lanigan have 36 years of experience helping clients file...
Bankruptcy
Creditor Harassment From Heavy Debt A common annoyance and disturbance for those struggling with debt and considering bankruptcy is persistent harassment from creditors. Many creditors will repeatedly call you at your residence and work seeking payment of your debt. Sometimes the calls will not be from creditors but instead from collection agencies. Many times creditor harassment can be stopped by simply talking to the proper party at a creditor. Sometimes the best approach is to write a letter to the party harassing you. Writing a letter can be the most effective means of stopping harassment being done by a credit agency. If you feel you have been harassed by creditors despite your best attempts to stop it, there is a remedy available for you. The Fair Debt Collections Practices Act (15 U.S.C. §§ 1692-1692o) provides those being harassed by creditors with the remedy they deserve. The Act allows an individual to recover for any damages he or she suffers as a result of the creditor harassment. This includes medical expenses that occurred due to the harassment. The Act also allows for statutory damages up to $1,000 and the collection of attorneys fees. Central Florida bankruptcy attorneys Eric Lanigan and Roddy Lanigan can help you put an end to creditor harassment. The Lanigans have assisted numerous clients with bankruptcy and foreclosure issues. For all your legal needs contact Lanigan and Lanigan located in Winter Park, Florida. Set an appointment for your initial consultation. When you file bankruptcy you’ll turn your calls from creditors over to the Lanigans. Upon filing bankruptcy the calls will...
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...
