Attorney Eric Lanigan Handles Bankruptcy, Securities Fraud: Part 2 of 3

The Story of Law Firm Lanigan and Lanigan Winter Park, Florida, attorney Eric Lanigan handles bankruptcy, securities fraud and shares the story of how the law firm grows. Lanigan and Lanigan, P.L., grew into the agency that it is today because Eric has practiced Florida law since 1976. In 1979 he went out on his own to practice law. Part 1: Eric Lanigan’s Background In Part 1 of this 3-part series, Eric Lanigan shared that he practiced several areas of law, focusing on aggressive litigation. There were many times that challenges in interpreting and applying the law became opportunities to work through complex legal issues. By opening a law firm on his own, Eric was able to forge into practice areas that most appealed to him. He first practiced personal injury, then went into bankruptcy law. This is where the series continues as bankruptcy law becomes a major practice area. Bankruptcy Law Becomes a Major Practice Area For example bankruptcy is one of those areas. For many years I had a client who would refer me bankruptcy cases because they had a business where they did counseling for people in financial straits. And every month there’d be a certain number, three, four, five, maybe six, who their only way out would be to file bankruptcy. And so we would do anywhere from two to five or six bankruptcies a month and that went on for years. And then, 2007 came and I started to notice that two or three or four bankruptcies a month, became two or three or four bankruptcies a week. And by the beginning of 2008 it was...

Do Not Attempt Do-It-Yourself Bankruptcy

 Click to Listen. Right Click Audio as it’s playing to download to your device.  Winter Park Attorney Never Recommends DIY Law Winter Park lawyer Eric Lanigan said do not attempt do-it-yourself bankruptcy because Chapter 7, 11, or 13 bankruptcy requires extensive knowledge. Handling any of the paperwork, filings or planning is absolutely not recommended. Bankruptcy courts and judges have zero tolerance for inexperience and ill-prepared cases. “Bankruptcy is handled in a Federal courtroom,” Eric Lanigan said. “The judge has no leniency nor will there be any time spent waiting, explaining or telling a lay person the legal intricacies involved in bankruptcy. When you walk in there without an attorney you are wasting the court’s time because you don’t know the law.” If you decide to file bankruptcy you’ve weighed the options about your financial future before deciding to file. The next step is to find a skilled bankruptcy lawyer you trust, who is experienced and who knows the ins and outs of bankruptcy law. “There is no way that you can possibly prepare or provide information to a Federal bankruptcy court judge,” Lanigan said. “You could lose everything without the complete direction and legal support of a very qualified Florida bankruptcy attorney. No lawyer will ever tell you that this is a procedure that you can handle on your own.” Eric Lanigan recommends that you hire an attorney who regularly practices bankruptcy. The attorney should have filed many, many bankruptcies and you need to ask about his or her experience. “Just because they’re an attorney, doesn’t mean that they know bankruptcy law or that their knowledge in another area of law extends into bankruptcy,” Lanigan...

Top Four Types of Bankruptcy Fraud

There are generally sighs of relief when bankruptcy relief is filed. Debtors receive formal relief when the bankruptcy is filed and then granted by the federal bankruptcy court. Families and individuals are no longer underwater in their home, credit card, medical and other debt and bills. Bill collectors stop calling and the stress of feeling that you’ll take the rest of your life paying off your bills is over. But there are usually many questions about what should be spent and what can be perceived as bankruptcy fraud after the bankruptcy is filed. 4 Kinds of Bankruptcy Fraud There are generally four ways that bankruptcy fraud can be committed. Bankruptcy fraud is often coupled with other financial crimes such as using false aliases, stolen identities, stolen credit card or social security numbers, filing bankruptcy in several states. Bankruptcy fraud is a simple white collar crime to commit. But intentionally defrauding the Federal Bankruptcy Court holds severe penalties with many years in prison. Pleading ignorance will not alleviate the penalties because when you file bankruptcy the papers you are provided and which you’re required to sign state the many ways that bankruptcy fraud occurs no matter what state you file in or what chapter of bankruptcy you decide to file. 1. The number one form of bankruptcy fraud is intentionally hiding or concealing assets. Giving family, friends or relatives property or assets in order to hide them is considered bankruptcy fraud and if you are caught, you can receive jail time. You may not leave out or omit assets. You may not give things away or loan them to escape...

No. 1 Myth in Bankruptcy

Hi I’m Roddy Lanigan with Lanigan and Lanigan in Winter Park, Florida. He talks briefly in a new video on the Lanigan YouTube channel about the number one myth in bankruptcy law. The number one myth in bankruptcy law is that you can’t rebuild your credit for eight years. While the bankruptcy will stay on your credit report for eight years you begin rebuilding your credit report right away.  “I’ve experienced clients that have rebuilt their credit within 24 months acquiring scores of over 700,” Roddy said. “You can rebuild your credit, don’t listen to the detractors bankruptcy might be the best option for you.” When you file bankruptcy it’s imperative that you begin rebuilding your credit. You can do so by paying all bills on time. Taking out a personal loan and keeping it open as a line of credit without using it for a period of at least two years.  It’s important to take out a secured auto loan that you pay back on time every month. You can also get a secured credit card and not only use it for regular purchases, but pay it off in full every month. Don’t leave a large balance on it for any reason. Pay cash when possible and when you’re not able, pay on a credit card and pay it off in full.  Consultations with Roddy Lanigan can be made by calling 407-740-7379 before coming into the offices located at 831 W. Morse Blvd., (Winter Park, Florida). Free parking is available behind the...

Florida Bankruptcy Trustees Can Sue for Assets

Click to Listen. Right Click Audio as it’s playing to download to your device.   You can be sued by a bankruptcy court trustee for your assets in what’s called an adversary action. As if things weren’t challenging enough for debtors filing a Chapter 7, Chapter 11 or a Chapter 13 bankruptcy if you’re not working with an experienced attorney, you can have assets taken from you in a lawsuit. An adversary action is filed by a Florida bankruptcy trustee who believes that there is an opening, a hole, an issue, any problem with your bankruptcy paperwork that leaves you open and unprotected from a lawsuit by the court trustee. Poor financial decisions, or horrible circumstances do not matter in the bankruptcy court if you have lied, falsified, made errors or produced faulty or questionable paperwork. Your weak economic situations aren’t important. Medical bills, divorce, foreclosure, job loss often lead to bankruptcy but if you file and have holes, incompletions, incorrect information that leaves you open to a counter lawsuit, the bankruptcy will come after you. Your attorney is the one who should be able to protect you and if you select an attorney not familiar with the complexities of bankruptcy, or they file carelessly and don’t review your answers relying on you to provide adequate responses, you can be in trouble if the trustee finds a hole and away to your remaining assets which they will sue you to obtain. Consult with bankruptcy attorney Roddy Lanigan of Lanigan and Lanigan in Winter Park Florida who provides a video about this issue on the LaniganPL YouTube channel. “I want...

History of Bankruptcy and Famous People Who Filed Bankruptcy

Well-known businesses and famous individuals have filed bankruptcy in order to reorganize their business and personal finances and get a fresh start. A Chapter 7 or Chapter 13 or a Chapter 11 bankruptcy can become a new beginning for families hit by job loss or divorce or businesses hit by hurricanes, floods or the economic downturn. You are not alone and are certainly not the only one to file bankruptcy. In the U.S. every day, more than 4,000 people file bankruptcy. Bankruptcy has evolved since biblical time. It began sometime to Italy between the 9th and 14th Century.  In world history international capital markets recognized bankruptcy as far back as the mid-1500’s. England created bankruptcy laws in the 16th century. The United States’ history of bankruptcy as an economic relief began in the 1800’s. The bankruptcy law was enacted by Congress in 1800 and repealed in 1803. Bankruptcy filing was then reenacted in 1841 and once again repealed in 1843. When the civil war began the United States was under economic upheaval that would force Congress to pass another bankruptcy law in 1867. All of these laws included a bankruptcy discharge for unpaid debts. In 1867 the bankruptcy code included the protection of corporations. Famous People Who Filed Bankruptcy President William McKinley, Wolfgang Amadeus Mozart, Thomas Jefferson, Mark Twain, Charles Goodyear (Goodyear Tires), artist Rembrandt, Milton Hershey (Hershey’s Chocolate), President Ulysses S. Grant, Stan Lee (Spiderman creator), Michael Jackson, broadcaster Larry King, investor Donald Trump, entertainer MC Hammer, boxer Mike Tyson, Henry Heinz (Ketchup) and many thousands of other famous and well-known people filed bankruptcy. The clean financial and economic...