Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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Bankruptcy
Don’t assume that by going to a good attorney that there will be a way to get out of paying back federal student loans through bankruptcy. Bankruptcy doesn’t eliminate federal student loan repayment nor taxes, child support, or legal settlements. If you stop paying your federal student loans and you go into default and you’re working, your paycheck becomes garnished. Maybe you’re struggling with bills and you’re only making enough to pay the rent or mortgage. Instead of getting a second job you think that you can file bankruptcy to eliminate student loan debt. It won’t work. Eric Lanigan and Roddy Lanigan nor any bankruptcy attorney will not be able to include your loans in the bankruptcy. Meet With An Attorney to Discuss Your Options Don’t default thinking you can submit your student loan in a bankruptcy. Talk with the attorneys at Lanigan and Lanigan. Eric Lanigan has been handling bankruptcies since 1976. Roddy Lanigan has been filing bankruptcies for clients since 2007. Student loan debt elimination is challenging and there are few–if any–ways out of repaying federal student loans. Before you default and stop making payments and skip out on your federal student loans, consult with Winter Park bankruptcy attorney Eric Lanigan or Roddy Lanigan. Find out if you may be able to get permanent or temporary private student loan payment relief. Federal Student Loans vs. Private Student Loans If you’re filing bankruptcy to get rid of a student loan you need to consult with an attorney. There are private student loans and federal student loans. Federal student loans cannot be included in a bankruptcy. In general, student loan dismissal, cancellation, forbearance or deferment is...
Bankruptcy
When you walk into the Orlando Florida Federal Bankruptcy court for a meeting with the trustee and your attorney, your bankruptcy papers, your assets list, your vehicle exemption, your homestead exemption are reviewed. This is a very serious meeting during which your paperwork is carefully reviewed. You’re sworn in, you will be asked questions and your entire bankruptcy case is looked at for any discrepancies. Does your attorney know what the bankruptcy exemptions are? There are many attorneys who have so many bankruptcy clients that they are not properly prepared clients for this meeting in which case you’re left to respond to the trustee. Do you know the correct bankruptcy exemptions? Eric Lanigan and Roddy Lanigan completely prepare all bankruptcy filings personally. They don’t pass paperwork off to an assistant to review. The Lanigans will tell you in your first bankruptcy meeting that you will have to tell the truth at all times. Bankruptcy Exemptions Videos by the Lanigans Florida Homestead Exemption in Bankruptcy Winter Park Florida IRAs May Not Be Safe in Bankruptcy Winter Park Florida Florida Homestead Exemption in Bankruptcy Winter Park Florida Exemptions in Bankruptcy – Florida When you have completed your bankruptcy forms, there is a common misconception that because you have an attorney that if you divulge to the attorney that you have forgotten to list an asset that it will all work out if you tell them later. This is not always true. When you turn in your bankruptcy forms, you sign the papers in front of witnesses stating that the forms are inclusive of all your assets and that you are telling...
Bankruptcy, Podcasts
Click to Listen. Right Click Audio as it’s playing to download to your device. Sometimes it’s said that the bankruptcy code is filled with landmines. And to a certain extent that’s true. Florida bankruptcy lawyer Eric Lanigan wants to go over one of those landmines and that’s the IRA exemption that’s usually expected in bankruptcy. You can learn more about the issue in a video on the LaniganPL YouTube Channel entitled: “IRAs May Not Be Safe in Bankruptcy.” The general rule of thumb, Eric explains, is that the IRAs are exempt. And almost anything you read will say, ‘don’t worry about your IRA because it’s exempt from the claims of creditors in bankruptcy.’ But if you read the code though, what the code says is that if an IRA has received an IRS determination letter then there is a presumption that it is exempt. And every lawyer knows that there is a lot of danger in that word presumption because it immediately tells you that there is some ways that it might not be exempt. The Case for IRA Exemption Review And a good example of that is in a recent case involving a Merrill Lynch IRA and there’s approximately four or $500,000 dollars in this IRA. And the bankruptcy trustee in that particular case went into a boilerplate language that Merrill Lynch has a customer sign when they open an IRA. And they found in it language that to the extent that if that customer were to owe Merrill Lynch money on any other brokerage account for instance if there was a margin call on a brokerage...
Bankruptcy, Podcasts
Click to Listen. Right Click Audio as it’s playing to download to your device. Eric Lanigan explains the challenges that those who file bankruptcy face when there are pre-existing judgments involved. This issue is tackled in the Lanigan & Lanigan video channel on YouTube called, “Bankruptcy Pre-Existing Judgment – Winter Park.” Another trap that everyone has to be concerned with is the pre-existing judgment. Now the good news is that the debt is discharged in bankruptcy. However any lien resulting from the judgment remains in force. Now the first question is what is a lien? And a lien is very simply the legal right to take property from you in order to satisfy a pre-existing debt. So in bankruptcy, even though the debt itself is automatically discharged the creditor still has the right under the lien to obtain property from you. And all property is liened simply by recording the judgment. And virtually all judgments are recorded. So if you have a judgment you can virtually be assured that it’s been recorded and a judgment lien exists. Now the good news the lien can be easily removed or as we say in bankruptcy avoided by simply the filing of a motion to avoid a judicial lien setting out the legal criteria. And virtually every time the court will enter an order avoiding the judicial lien the end result being then that both the debt is discharged and the lien is gone and removed from the public records. Winter Park bankruptcy attorney Eric Lanigan and Roddy Lanigan handle a wide range of economic legal issues including foreclosure, mortgage workouts, business reorganizations...
Bankruptcy
Roddy Lanigan and Eric Lanigan handle Florida bankruptcy cases from Winter Park to Miami and many cities and counties in-between. The one thing that they tell people is how simple the creditors’ meetings are in bankruptcy procedures. Bankruptcy Creditors’ Meetings 1. You meet at the time, date and place indicated on the bankruptcy notice 2. Other people filing for bankruptcy are there 3. When your name is called sit or stand near the front of the meeting room to be sworn in by the trustee 4. Bring your identification 5. You answer that everything in your paperwork is 100% correct and honest 6. Don’t ever lie 7. Carefully read all papers before signing 8. Tell your attorney if there are mistakes or inaccuracies What Will the Trustee Ask? 1. How did you price values on home or car? 2. Do you expect tax refunds? 3. Do you possibly have to sue someone due to a recent accident or business loss? 4. Have you made any recent large payments to creditors or relatives? 5. Will you have any possible inheritances or insurance proceeds expected? Eric Lanigan and Roddy Lanigan have filed bankruptcies across Florida. Your situation is not like anyone else’s situation so it’s important to consult with Lanigan and Lanigan, to find out what the options are in your...
Bankruptcy
One of the first reasons to hire a bankruptcy attorney is confidence in their ability. The next would be to choose a lawyer you’re comfortable with and who has the experience in bankruptcy–specifically. You’ll need to be comfortable because you’ll be discussing current debt, future earnings and planning your fresh start. You have to trust and respect the advice of the attorney and that he or she will work on your behalf for you. They’ll provide guidance, ideas and direction. Winter Park bankruptcy attorneys Eric and Roddy Lanigan are passionate about the legal practice and treat clients as individuals with respect and compassion for every situation. Each case is thoroughly pursued to assure clients that bankruptcy and or foreclosure defense, mortgage workouts and litigation succeed and that every personal and unique set of needs is met. When you get to the point where you will have to decide which type of bankruptcy you will file, you will have had some emotional conversations with the attorneys. Eric Lanigan and Roddy Lanigan are experienced lawyers who will carefully explain bankruptcy Chapter 13 or Chapter 7, you’ll take the Florida means test. You’ll talk over the alternatives to filing bankruptcy and the downside of filing bankruptcy. Trust is everything in the decision to hire a bankruptcy attorney. When Eric Lanigan and Roddy Lanigan work with new clients they will ask you to come into the office for the first time without paperwork. They’ll want to discuss and hear about your income, your circumstances, your future prospective earnings and what you want to keep and what you don’t want to hold onto. Sometimes they’ll...
