Sarasota Bankruptcy Attorney

10/02/2017

The DO's and DONT's of filing Bankruptcy

The DO's and DONT's of filing Bankruptcy

Attorney Joseph W. Lehn talks about the Do's and Don'ts when it comes to filing for bankruptcy.

09/18/2017

Another happy client!!

Another happy client!!

Another happy Client here at Lehn Law, P.A. Port Charlotte, Florida.

08/28/2017

Will I be able to get a loan after filing bankruptcy?

Will I be able to get a loan after filing bankruptcy?

One of the most commonly asked questions here at Lehn Law, P.A. Attorney Joseph Lehn simply answers, YES you can get a loan after filing Bankruptcy.

08/14/2017

Another happy client!!

Another happy client!!

Another happy Client here at Lehn Law, P.A. Port Charlotte, Florida.

08/08/2017

Another happy client!!

Another happy client!!

Another happy Client here at Lehn Law, P.A. Port Charlotte, Florida.

07/12/2017

Unable to come to us? We come to you!

Unable to come to us? We come to you!

Unlike most doctors, this lawyer makes House calls! Attorney Joe Lehn of Port Charlotte and Sarasota FL talks about how important it is for us to be able to ...

07/11/2017

Can you keep your house if you file bankruptcy?

Can you keep your house if you file bankruptcy?

Attorney Joseph Lehn, in Port Charlotte FL answers one of the most common questions when it comes to filing for bankruptcy. Can you keep your house, or not?

07/10/2017

Will I be able to get a loan after filing bankruptcy?

Want to know if you will be able to get a loan after filing bankruptcy?

One of the most commonly asked questions here at Lehn Law, P.A. Attorney Joseph Lehn simply answers, YES you can get a loan after filing Bankruptcy.

06/26/2017

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Wondering what happens at a 341 meeting??

06/23/2017

bankruptcy is NOT your only option!!!!

Bankruptcy is NOT your only option!!

Attorney Joseph Lehn of Lehn Law, P.A answers the most frequently asked question "if bankruptcy my only option if i'm drowning in debt?" NO! Attorney Lehn wi...

06/22/2017

What happens after bankruptcy?

Are you wondering what happens AFTER filing bankruptcy??? RELIEF!

RELIEF RELIEF RELIEF!!!! Attorney Joe Lehn gives you a little insight on what happens to you AFTER you've filed bankruptcy!

11/15/2016

A common misconception about bankruptcy is that it will ruin your financial future. What most consumers do not know is that your credit score is likely to improve not long after your bankruptcy is finalized.

Take the first step in regaining control of your finances, call one of our offices today!

11/08/2016

BE HEARD! GO VOTE!

11/04/2016

BANKRUPTCY LAWS ARE COMPLICATED! DO YOU KNOW WHICH CHAPTER IS BEST FOR YOU? ARE YOU ABLE TO CEASE HARRASMENT FROM CREDITORS? ARE YOU CERTAIN YOU CAN AVOID MISTAKES?

If you have made the decision to obtain a fresh financial start, it is important that you do so correctly. There are varied and complex laws, strict timeframes, and courtroom procedures. The bankruptcy process should be handled by a competent bankruptcy attorney.

There are four separate chapters of bankruptcy! Which chapter applies best to your individual financial situation? Choose a skilled attorney that can explore your options.

Collection calls to your home and work place can be embarrassing and annoying! A bankruptcy attorney takes action against creditor harassment and relieves the constant anxiety.

Filing bankruptcy without a knowledgeable attorney leaves you vulnerable to mistakes that could block you from EVER discharging your debt!

07/25/2016

Bankruptcy Advantages

When you file Bankruptcy, your credit actually gets BETTER!

11/04/2015

Creditor Harrassment

Don't let creditors get under your skin

10/21/2015

The small claims court process

05/27/2015

Timeline photos

03/09/2015

Question Detail: I don't remember when I last filed for bankruptcy but it wasn't too many years ago. How many years do I have to wait to file again while on disability?

Answer:Discharge in Prior Bankruptcy
What Bankruptcy Chapter is Available -
Timeline between Bankruptcies (count from filing date of the prior)
Chapter 7 to file Chapter 7 - 8 years [§ 727(a)(8)]
Chapter 13 to file Chapter 7 - 6 years [§ 727(a)(9)]
Chapter 7 to file Chapter 13 - 4 years [§ 1328(f)(1)]
Chapter 13 to file Chapter 13 - 2 years [§ 1328(f)(2)]

12/08/2014

Question: Does it include the mortgage and any difference between foreclosure sale price and the loan even if we never listed intent to surrender the house? During chapter 13, we stopped making mortgage payments and did not oppose motion for relief from stay. We no longer wanted the house. We completed the plan and received the discharge.

Answer: If the mortgage creditor was listed on your petition, discharge was entered, and you did not sign a reaffirmation agreement, the discharge will include the mortgage and deficiency balance.

11/21/2014

Question: If my house is in homestead can someone put a lien against it?

Answer: Yes a lien can be put against your house even if it is homestead. In a bankruptcy proceeding, you have the opportunity to file a Motion to Avoid the Lien against homestead property. If the Motion is granted it can remove the lien from the property.

11/18/2014

Question: What is the average cost to file personal bankruptcy, Chapter 13?
Answer:The Court has determined that fees can be paid up to $3,700.00 for a 36 month plan and $4,100.00 for a 60 month plan. If additional Motions are needed they are paid up to $300.00 if no hearing is needed, or $400.00 if a hearing is required.

An attorney may only require a portion of the retainer prior to filing. The remaining balance is then paid through the Plan.

11/10/2014

Question: Can I add a current utility bill to an existing chapter 13 and if so how?
Answer:A bill can be added to a petition after filing. An amended schedule D, E, or F can be filed to add the creditor. However, the debt must have been incurred prior to the date the petition was filed.

10/28/2014

Question: I am legally separated from my husband and do not qualify for a chapter 7 bankruptcy because of his income. Do I divorce him before I go bankrupt? I only make 30 thousand a year and will meet the requirements if I don't have to use his income. Help.

Answer: You do not necessarily need a divorce. There is an option on the budget and the means test on the bankruptcy petition that allows you to list that you are married, but separated. In that instance you would only list your income.

10/17/2014

Question: I am considering filing a Chapter 7 Bankruptcy case. I am about $13,000 in debt not including student loans which I understand cannot be discharged. All of these debts were acquired before I got married this year, and are by definition unsecured. I am a stay at home mom to three kids (2/3 from a previous marriage) and we survive on my husband's income. As of right now we cannot afford $2,000 to hire an attorney and my household income exceeds the state's threshold for pro bono help. I want to file on my own but I understand it is ill advised. Unfortunately, it may be my only option. My credit is already terrible, so I doubt this will affect it much. In the meantime, we are closing on a house in December. The mortgage is only in my husband's name, but the title will be in both of our names under Tenants by the Entirety. My question is: how will this affect my house? Can filing for bankruptcy automatically take away my house or leave it up for grabs? Should I just forego filing and try to work with the creditors?

Answer: In the State of Florida there is an exemption for Homestead. Therefore, it is protected from creditors. However, there are limitations in the amount of equity that can be exempted when property is purchased less than 3 years prior to filing the bankruptcy petition.

Additionally, you could potentially use the tenancy by the entireties if you meet the requirements, and if only you file bankruptcy and as a couple you have no joint unsecured debt.

09/26/2014

Question: I have filed for Chapter 7 Bankruptcy in Pennsylvania and just had the 341 meeting. I have no assets. I do not want to continue to file Bankruptcy since I am basically judgment proof. I am unemployed and filed on my own. Can I do this?
Answer: There is no option for voluntary dismissal in a Chapter 7 Case.

07/14/2014

Question: We filed bankruptcy and it was discharged four years ago. Now with the low interest rates, we would like to refinance our home loan. Is it too early to refinance or do we have to wait for the 10 year period? If we can refinance now, will I have problems applying?
Answer: There is no reason that you are required to wait 10 years.Other requirements may vary depending on the lender.

06/27/2014

Question: If I just got an installment loan but plan on doing bankruptcy in three months, should I make my payments on it or just wait for bankruptcy?

Answer:Much depends if this installment loan is for a secured item. If the payments are securing a vehicle or other property, and you wish to keep that property, you will want to continue to make payments to keep the property. If there is no property secured, or even if there is, you are willing to give it up, you can stop making the payments.

06/20/2014

Question: Chapter 7 bankruptcy was filed but an aunt passed after in which the inheritance may be approximately $400,000. So I need to know if the bankruptcy is opened again, can the trustee take the entire amount of the inheritance for the creditors?
Answer: Much will depend on the total amount of claims filed by the creditors. You will be required to pay the claims in full, but not any more than that.

06/17/2014

Supreme Court rules that inherited IRA'S are not exempt in bankruptcy

06/13/2014

Question: If I include my non-filing husband's income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?
Answer: On the Schedule of expenses, you should list ALL expenses of your household. Please be advised that if you have joint debt with your spouse you may want to consider the filing of a joint petition.

05/16/2014

Question Detail: I took out a payday loan for $400 around October 2009. I lost my job 3 weeks later and did not pay off the loan. Shame on me, I know. I was young and irresponsible. I filed a pro se no asset chapter 7 bankruptcy on 2/24/2014 and had my 341 meeting on 3/21/2014 with nothing contested. On 3/29/2014 the collection agency filed on Pacer a request for notice. I left them off of the matrix by accident. I had forgotten about them until I saw the request. The trustee has already abandoned all assets in a report of no distribution and has not contested my discharge in any way since the 341 meeting. The last day to contest discharge is 5/24/2014. Makes me think they are up to something. Thanks for your help!

Answer: You mentioned you left them off the matrix by mistake. But were they listed on your Schedule F? If not, amend immediately to list the creditor.
Additionally, filing a Notice is simply asking the Court that they be sent mail to a determined address they are stating on their notice. In and of itself, it is not a threatening document.

04/25/2014

Question: What happens if I still live in my house after the judicial foreclosure sale? Will we lose everything in our home?

Answer:The judicial foreclosure sale will only be applicable to the collateral attached to the loan. In most cases, that will be just the house, not your personal affects in the house.