Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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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...
Bankruptcy
When a company needs a corporate bankruptcy attorney Central Florida has many options but they should choose an attorney that can best represent them. There are many bankruptcy lawyers but business owners should become familiar with the types of law firms and their practice areas to best represent their company. When there is a financial difficulty, it’s important to decide based on the needs of the company and the practice areas of the firm. If proximity is important so that business meetings are in person, Winter Park attorneys Eric Lanigan and Roddy Lanigan are minutes from Orlando and work throughout Central Florida. Eric Lanigan has been practicing law including business and civil litigation, bankruptcy, foreclosure and securities and investment losses in Florida for 36 years. He strengthened the practice of Lanigan and Lanigan when Roddy Lanigan joined the firm in 2007. The Lanigans will tell you: bankrutpcy is not a simple process and bankruptcies are some of the most complex areas of law in the United States. Companies need to bring in experts who can help the firm find its way through those laws. When filing bankruptcy the lawyer will need to deal with real estate law, contract law, corporate law and tax law. If a struggling company owns real estate or has other assets, the importance of hiring business bankruptcy attorneys is even greater in order to preserve these assets. Once a firm files for bankruptcy protection the court provides immediate legal protection from creditors. The first concern is that the paperwork for the filing is done correctly by a highly experienced bankruptcy attorney. A court may refuse to...
