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arrFiles=new Array();arrFiles[0]=new Array(1,"bank_faqs.shtml","October 24, 2011","Praver Law - Bankruptcy Frequently Asked Questions","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Bankruptcy Frequently Asked Questions - What is a Chapter 7 Bankruptcy, What is a Chapter 13 Bankruptcy, Do I Get To Keep My Property, Can I Keep My House, Can I Keep My Vehicles, Will I Lose My Retirement Savings, When Will The Harassing Phone Calls Fro","Bankruptcy - Frequently Asked Questions Q: What is a Chapter 7 Bankruptcy? A: Chapter 7 is the most common form of bankruptcy. It is also the simplest to file. In a Chapter 7 bankruptcy, you will not repay many of your debts, and your creditors will be forbidden to attempt collection from you. Unsecured debts such as credit cards, medical bills, personal signature loans and all other loans and debts that are not secured by collateral are generally discharged (meaning gone forever!) in a Chapter 7 bankruptcy. Certain debts are not dischargeable, including any debt that is not listed in your schedule of creditors, certain taxes, alimony, child support, criminal debts, most student loans, and a few others. We can help you to determine whether or not a debt will be eligible for discharge. Q: What is a Chapter 13 Bankruptcy? A: Chapter 13 is also known as a reorganization or consolidation bankruptcy, since your debts are reorganized into a payment schedule over 3 to 5 years. At the completion of the Chapter 13 plan, your debts will be discharged, much like in the Chapter 7. Certain debts that would not be dischargeable in a Chapter 7 may be handled in a Chapter 13. We will advise you on whether Chapter 13 would be appropriate for you, depending on your income, assets, and type of debts. Q: Do I Get To Keep My Property? A: You are entitled to keep a generous amount of your belongings when filing bankruptcy. Florida law now provides for personal exemptions of 1,000.00 in an individual case or 2,000.00 in a joint case for personal property. There are additional exemptions for cars, medical devices, retirement plans and certain other assets. Q: Can I Keep My House? A: Florida law allows exemptions for equity in homestead property of 125,000.00 for property you have owned for less than 3 ½ years. For homestead property you have owned for more than 3 ½ years the homestead exemption is unlimited. Homestead is generally defined as your personal residence (mobile home or house plus land) that you are living in at the time of the bankruptcy filing. Equity is determined by subtracting the fair market value of your home from the amount of the mortgage payoff. You should not have a problem keeping your home in a Chapter 7, as long as you are current on your house payments both at the time of filing and also in subsequent months. If your equity exceeds the allowed exemption or if you are behind in your payments, a Chapter 13 might allow you to save your home. The automatic stay protects you from foreclosure of your house during the time your bankruptcy case is open. However, if your payments fall behind after filing, the bank may ask for court permission to lift the automatic stay and begin foreclosure proceedings. Q: Can I Keep My Vehicles? A: Florida state law allows each individual to keep 1,000.00 equity in a motor vehicle in an individual case or 2,000.00 in a joint case. To determine the amount of equity you have, we will need an accurate current RETAIL market value of all of your vehicles as well as the payoff amount. If you have a loan on your vehicle, you must keep the payments current during and after the bankruptcy to avoid repossession. If your car is upside down, meaning you owe more than it \'s worth, and you can manage without it for a few months, we recommend that you look into the possibility of surrendering the vehicle, which allows you to get out from under that crushing monthly debt and purchase or finance a less expensive car after bankruptcy. Another possibility is to “redeem“ the vehicle by paying the current retail value of the vehicle, and the remaining loan balance would be discharged. We may be able to assist you in finding a lender that will give you a new loan to pay this redemption amount to your existing lender, which could save you thousands of dollars compared to your current vehicle loan. Q: Will I Lose My Retirement Savings? A: Most retirement savings plans are protected by the Employee Retirement Income Security Act (ERISA), and are exempt from bankruptcy. We can help you determine whether your specific retirement account will be protected in bankruptcy and do our best to keep the savings intact for your retirement. Also, Individual Retirement Accounts (IRAs) are generally fully protected in bankruptcy. Q: When Will The Harassing Phone Calls From Creditors Stop? A: The automatic stay goes into effect the moment your petition is filed. Once your petition is completed, it will be filed electronically, meaning that we can get a case number instantly. At this point, creditors must stop contact with you, including telephone calls, letters and all legal actions. Your creditors will receive an official notice from the United States Bankruptcy Court. Q: Will My Bankruptcy Filing Be Published In My Local Newspaper? A: No! However, bankruptcy information is part of the public record, just like state court proceedings. Bankruptcy matters are handled in federal court, with documents filed in Orlando. Your court appearance will be held at the United State Bankruptcy Court in Orlando (135 West Central Blvd.). Q: Will I Ever Get Credit Again? A: Yes , a bankruptcy can actually clean up your credit report, and may reflect better than repossessions, foreclosures or even late payments. Bankruptcy will typically improve your debt-to-income-ratio, which is an important factor that creditors consider when extending new credit. Although a bankruptcy can remain on your credit report for up to 10 years, most people resume normal credit activities immediately after receiving their discharge. The interest rates may not be prime, and some waiting periods may apply, but you can begin re-establishing your credit immediately, as long as you stay current on your payments. However, we will counsel you to change your spending habits to get away from dependence on credit and avoid the credit trap in the future. Q: Can I Keep a Credit Card After the Bankruptcy? A: People often ask if they can keep a credit card after filing bankruptcy. Maybe they have a credit card they use for travel, maybe it’s one used for everyday purchases and paid in full at the end of every billing cycle, maybe it’s one with a zero balance. However, in all these cases the answer is, NO . One cannot keep a credit card through a bankruptcy. There are two reasons for this. First, a debtor is obligated to list all debts in bankruptcy and affirms this under the pains and penalties of perjury. The bankruptcy discharge, once entered, will then discharge the credit card balance. Although it’s theoretically possible, no credit card creditor that I know of has ever extended new credit on the same account once the balance was discharged. So, this begs the question: What about cards with no balance due at the time of the bankruptcy? Well, these are not “debts“ and technically do not need to be listed in a bankruptcy. However, credit card creditors are some of the biggest customers of the credit reporting agencies and, consequently, receive reports about the bankruptcies of their account holders. After learning of the bankruptcy from the credit bureaus, it is normal for a credit card creditor to simply cancel the account, even if it’s not listed in the bankruptcy. Most people though will get offers for new credit cards after the bankruptcy discharge. They will not be the best credit cards, (they may have high interest rates and low lines of credit) but they can be used to help you re-establish your credit. Using the new cards for small purchases (like gas and groceries) and timely paying off the balance in full each month will help you re-establish your credit, and you will soon be offered better cards with better terms. For most people, their credit can be re-established within a year or two. Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s -- Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",26);arrFiles[1]=new Array(2,"bank_info.shtml","October 24, 2011","Praver Law - Bankruptcy Information","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Bankruptcy Information - Two Paths to a Fresh Start: Chapter 7 and Chapter 13. Bankruptcy law is about getting a fresh financial start. It is not about failure or fault. Bankruptcy law is about protecting the rights of consumers and giving them a chance ","Bankruptcy - Information Two Paths to a Fresh Start: Chapter 7 and Chapter 13 Bankruptcy law is about getting a fresh financial start. It is not about ”failure” or ”fault.” Bankruptcy law IS about protecting the rights of consumers and giving them a chance to start over again with a clean slate. There are many reasons perfectly responsible people are forced into bankruptcy. Lay offs, catastrophic medical bills, foreclosure, lawsuits, garnishments, and unconscionable credit card interest rates can push anyone past his or her ability to repay. At the Law Offices of Roy A. Praver we always treat our clients with respect and compassion, and we defend debtors’ rights. The Bankruptcy Code provides for several types of bankruptcy. Named for the chapter of the Bankruptcy Code in which they are defined, the Chapters available under bankruptcy include Chapter 7, Chapter 11, Chapter 12, and Chapter 13. For the vast majority of consumer debtor clients, only Chapter 7 and Chapter 13 are options. Each of these chapters creates a different path to a fresh start because they are intended for people in different financial situations. Filing a Chapter 7 or Chapter 13 bankruptcy should immediately stop all of the following: Any creditors (including collections agencies) from corresponding with you at all, including phone calls, letters, etc. Collection efforts from most entities you owe money too. Any creditor from starting or continuing a law suit against you. Repossessions. Foreclosure proceedings and Trustee Sales. Wage Garnishments or levies, even if garnishment orders are already in effect. Lawsuits and hearings regarding collections. Chapter 7 Bankruptcy The powerful benefit of Chapter 7 is that it relieves the debtor of ever having to pay most types of debt. This permanent forgiveness of debt under Chapter 7 Bankruptcy is called a discharge. Chapter 7 is intended for debtors who do not have any income available after necessary expenses to make payment on their debts, and they also do not have any assets or property available to repay their debts. To qualify for a Chapter 7 discharge, the debtor must be able to show that his allowed monthly expenses exceed his income. Additionally, if a Chapter 7 debtor has any real estate or personal property of any value, the value must not exceed available ”exemption” amounts, or such assets may be taken from the debtor by the Bankruptcy Trustee, sold, with the proceeds distributed to the creditors. Put another way, Chapter 7 bankruptcy provides the debtor with an unconditional discharge of his or her debt in exchange for a ”liquidation” of his or her non-exempt assets. Except for the debtor’s ”exempt” assets, all of the debtor’s remaining property becomes the property of the bankruptcy estate and administered by the Chapter 7 Trustee. The Trustee in turn may use the debtor’s assets to pay his or her creditors. In reality, a large majority of debtors who qualify for Chapter 7 do not possess any assets that are not exempt from taking by the Trustee. Such a debtor’s case is a ”no asset case.” Chapter 13 Bankruptcy The protections available under Chapter 13 bankruptcy also provide powerful relief, but unlike Chapter 7, Chapter 13 is intended for the debtor who has sufficient income to pay some, but not all of his or her debts. If the debtor has steady income, and after all necessary monthly expenses, has at least some disposable income left to pay something toward all of his or her debts, then this amount is applied to a payment plan proposed by the Chapter 13 debtor and his or her attorney. Chapter 13 bankruptcy differs from Chapter 7 in several respects. Unlike in Chapter 7, the debtor filing bankruptcy under Chapter 13 keeps all property and assets owned outright. There is no danger in Chapter 13 of the bankruptcy trustee taking any property from the debtor. The only instance under Chapter 13 in which the debtor gives up any valuable asset occurs when the debtor decides voluntarily to surrender secured property, such as a home or a car, because he or she cannot afford to continue making payments for that property. The Chapter 13 debtor never has to give up anything that is already paid for. Rather than a total liquidation of the debtor’s assets and prompt discharge, a Chapter 13 bankruptcy is a repayment plan wherein the Bankruptcy Court “confirms“ or approves a reasonable repayment plan which may last up to five years during which time the debtor must make regular installment payments to pay down his or her debt. This means that a debtor with substantial equity in his or her home (that is, equity greater than the homestead exemption amount provided under the debtor’s state exemptions) may keep his or her property and avoid foreclosure while catching up on mortgage payments under the repayment plan. Additionally, Chapter 13 offers an additional protection to homeowners unavailable under Chapter 7. In a Chapter 13 bankruptcy, if the homeowner has more than one mortgage, and the first mortgage is ”unsecured,” meaning that the current fair market value of the home has depreciated to an amount less than the principle owed on the first mortgage, then the Chapter 13 debtor can have the second mortgage (together with any other ’junior’ liens against the property) “stripped“ from the property. This means that the second mortgage and any other junior liens become unsecured debt, just like credit card debt. The second mortgage holder can no longer foreclose on the property. Such a stripped mortgage gets added to all other unsecured debt, and is paid only to the extent that the Chapter 13 plan provides for some payment of unsecured debt, which may, depending on the amount of the payments called for under the Chapter 13 plan, be only pennies on the dollar. We carefully evaluate whether Chapter 7 or Chapter 13 is more appropriate for each client seeking bankruptcy protection. In order to make this determination, we ask our clients to provide us with detailed financial information concerning their assets, their income, their expenses, and their debts. Based on this information, we counsel our clients which type of bankruptcy is best for them and whether it is in the client’s best interest to file bankruptcy at all. What is the Automatic Stay? The Automatic Stay is one of the fundamental debtor protections provided by the Bankruptcy Laws. Under the Bankruptcy Code (11 U.S.C. 362), the filing of a bankruptcy under any chapter of the Bankruptcy Code automatically triggers an injunction that prohibits most creditors from the commencement or continuation of any judicial, administrative, or other action or proceeding against the debtor that actually was commenced or could have been commenced. What does the Automatic Stay do for me? Simply put, the Automatic Stay is a tremendous tool for debtors in that it serves to prohibit most contact from creditors regarding debts that are owed. It prohibits: Please note that under a Chapter 7 Bankruptcy, the Automatic Stay only applies with respect to the debtor. Thus, if you have co-debtors on certain debts, they are not afforded the same protections under the Automatic Stay that you are. However, if you are filing for a Chapter 13 Bankruptcy, a creditor may not pursue a debt against a co-debtor or guarantor, if the debt is a ”consumer debt,” which is defined as a debt incurred by a person primarily for personal, family, or household purposes. How long does the Automatic Stay last? The Automatic Stay is neither absolute nor permanent. For most chapter 7 and 13 cases however, it stays in effect until the debtor gets a discharge from his or her debt, the property in question is no longer a part of the estate, or a judge lifts the stay at the request of a creditor, who must file a Motion for Relief from the Automatic Stay. Important Requirements for Filing Chapter 7 Bankruptcy Credit Counseling and Financial Management Course Requirements Among the changes to bankruptcy law contained in the 2005 Bankruptcy Law changes (BAPCPA), were new requirements that debtors filing for either Chapter 7 or Chapter 13 bankruptcy protection participate in pre-approved credit counseling and debtor education courses. These courses are administered only by private agencies who are approved by the U.S. Trustee program. A list of the pre-approved credit counseling and debtor education providers is published on the US Trustee’s website. The Law Offices of Roy A. Praver will assist you in locating an approved local credit counselor or online. Many approved credit counseling and debtor education providers provide the required courses either online, over the phone, or by a combination of these. Many also offer counseling in languages other than in English. The initial credit counseling course must be completed by the debtor within six months prior to filing a bankruptcy petition. Many of the government approved credit counseling and debtor education programs are available online, and the typical debtor can complete each of the respective courses in two hours or less. Once the debtor has satisfactorily completed the first of these programs, the credit counseling provider will issue a Credit Counseling Certificate which must be filed along with the bankruptcy petition. If the certificate is not filed with the petition, the US Trustee will file a motion with the bankruptcy court to have the debtor’s case dismissed. After the initial credit counseling certificate is issued, and the bankruptcy petition is filed, the bankruptcy petitioner will be given a date for his or her Meeting of Creditors (also known as a 341 Meeting for the section of the Bankruptcy Code which requires the meeting), which is generally scheduled for about a month after the bankruptcy petition is filed. Roy A. Praver will always appear at your Meeting of Creditors with you. After the creditors meeting, the debtor has 45 days to complete the second of the new debtor education requirements by passing an approved financial management course. Upon satisfactory completion of this course, the provider will again issue a certificate of completion to the debtor which must then be filed with the Bankruptcy Court before the debtor may be granted a Chapter 7 discharge. Debtor Means Testing Put simply, to be eligible for a Chapter 7 bankruptcy, a debtor’s household income must be insufficient to pay his or her debts. In order to determine whether a debtor can afford to pay any of his or her debts, Chapter 7 Bankruptcy law compares the debtor’s annual income to the annual median income based on family size of the state where the debtor lives. Provided that the debtor’s income is lower than his or her state’s median annual income for the same family size, and provided that the debtor’s actual monthly living expenses leave no disposable income with which to pay toward unsecured debts such as credit cards, medical bills, and judgments, then the debtor will generally qualify for a Chapter 7 bankruptcy discharge. Current state annual median income by family size information is regularly published by the U.S. Census Bureau. If the debtor’s annual income is greater than his or her state’s median income for the same size family, then the debtor must pass a ”means test” in order to qualify for a Chapter 7 bankruptcy discharge. The means test takes into account the current monthly income of the debtor together with the state median income for the debtor’s state. The means test also compares the debtor’s income with IRS published ”standards” for allowable living expenses on both a national and a local basis. The local living expense standards take into account such items as metropolitan housing costs and transportation expenses. Note that here in Central Florida generally, living expenses are calculated to reflect the higher cost of living relative to other areas. The means test is aimed at determining whether, based on the debtor’s income and the IRS determined ”allowable living expenses”, the debtor can afford to pay his or her unsecured debts. Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start -- Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",31);arrFiles[2]=new Array(3,"bank_law.shtml","October 24, 2011","Praver Law - Bankruptcy Laws","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Bankruptcy Law - United States Bankruptcy Court Middle District of Florida, With limited exceptions, the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines th","Bankruptcy - Laws UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b)OF THE BANKRUPTCY CODE In accordance with § 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services. (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence. (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. 1. Services Available from Credit Counseling Agencies With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. 2.The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation 1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a means test designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. 2. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. 3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. 4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay non dischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income 1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. 2. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 3. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law -- 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",21);arrFiles[3]=new Array(4,"bank_myths.shtml","October 24, 2011","Praver Law - Bankruptcy Myths","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Bankruptcy Myths - congress has eliminated bankruptcy for the little guy, bankruptcy will ruin my credit record, filing bankruptcy makes me a bad person, debt counseling service can help me eliminate my debts without the stigma of bankruptcy on my record","Bankruptcy - Myths 1. Congress has eliminated bankruptcy for the little guy. Despite what you may have heard in the press, bankruptcy is still alive and well. In October 2005,new bankruptcy reform laws went into effect that may make it more difficult for some individuals to qualify for Chapter 7 relief. However, consumers in serious financial trouble should still be able to qualify for protection under the Bankruptcy Code. 2. Bankruptcy will ruin my credit record. What ruins your credit record is your inability to pay your debts on time. After your bankruptcy case, many of your debts will be discharged, and you will be given a fresh start. If you can keep on top of any new debts you incur after you emerge from bankruptcy, your credit record may actually improve. 3. Filing bankruptcy makes me a bad person. Congress passed the bankruptcy laws to help individuals and businesses with severe financial problems get a fresh financial start and become productive members of society again. Do you think it makes you a better person to avoid your creditors, ignore your bills, and drive yourself further into a debt hole that you \'ll never get out of, or to take on new credit responsibly, and pay your bills on time? Millions of businesses and individuals file for bankruptcy each year and become productive members of society. I won \'t be able to get credit after my bankruptcy. Since many of your debts will be wiped out after bankruptcy, and, in the case of a Chapter 7, you won \'t be able to file another one for another eight years, many creditors may see you as a good credit risk after your bankruptcy. 4. A debt counseling service can help me eliminate my debts without the stigma of bankruptcy on my record. Debt counselors cannot get rid of your debts, nor can they stop your creditors from harassing you. All debt counselors do is help you negotiate new terms on your existing debt with your creditors-your creditors do not have to agree to any restructuring, and they can still come after you for any unpaid balances. By contrast, the moment you file your bankruptcy case, many of your creditors are prohibited by law from taking any legal actions against you, and once your bankruptcy is complete, many of your debts are gone forever. Furthermore, credit counselors do not necessarily have your best interests in mind-they are often owned by the very creditors that are making your life miserable to begin with. Don \'t let their non-profit claims fool you-when you use a debt counselor, someone is making a lot of profit off you, and in most cases you will still be hopelessly in debt. 5. I won \'t be able to buy a house or a car, or rent an apartment, after bankruptcy. Again, not true. As noted above in myth number 4, you should be able to get credit after bankruptcy. Although it may take you a little time to start purchasing things, you should be a good credit risk once you emerge from bankruptcy, and you shouldn \'t have too much trouble making these types of purchases. You can also get help in making these types of purchases, such as getting someone to be a co-signer for you. 6. I don \'t want to go through a difficult and time consuming court case. Forget about jury trials, cross examination, and all of the other courtroom drama you see on TV. Inmost bankruptcy cases, you \'ll never appear before a judge, and in most Chapter 7 cases, your case will be complete and your debts discharged in about four months. Don \'t let these myths prevent you from taking control of your financial life. Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths -- Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",18);arrFiles[4]=new Array(5,"contact_us.shtml","October 24, 2011","Praver Law - Contact Us","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Contact Us - If you are considering filing for bankruptcy, you do not have to make this decision alone. Praver Law can provide you with the help and support you need to handle your financial situation. Contact Praver Law today at 321-383-3445 to schedule","Contact Us Law Office of Roy A. Praver (Main Office) 1701 S. Washington Ave. Titusville, FL 32780 O: 321-383-3445 F: 321-268-9564 Law Office of Roy A. Praver 10 Suntree Place Melbourne, FL 32940 O: 321-255-5453 Get Google Map with Directions -- Get Google Map with Directions Get Google Map with Directions -- Get Google Map with Directions Office Hours M-F 9:00 AM to 5:00 PM M-F 9:00 AM to 5:00 PM Email Click to send an email Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",13);arrFiles[5]=new Array(8,"index.shtml","October 24, 2011","Praver Law - Home Page","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Welcome to the Law Offices of Roy A. Praver - Debt problems can affect anyone. Hardworking people who have encountered medical issues, unexpected job losses or divorce may suddenly find themselves facing large amounts of debt. But, although there are tho","Welcome to the Law Offices of Roy A. Praver Debt problems can affect anyone. Hardworking people who have encountered medical issues, unexpected job losses or divorce may suddenly find themselves facing large amounts of debt. But, although there are thousands of people who file for bankruptcy protection every year, each person has a unique situation and needs a unique solution. The Law Offices of Roy A. Praver is not your ordinary bankruptcy law firm. We want to establish a personal relationship with you so that you feel at home in our offices. The Personalized Service You Need We provide our clients with a family-oriented atmosphere where you can feel at ease discussing your situation. Our experience handling hundreds of bankruptcy cases each year has given us the understanding and knowledge necessary to help you, no matter what your situation may be. We offer personal, compassionate services that are directed at moving you through the bankruptcy process as quickly and effortlessly as possible. We want to reassure you that although bankruptcy may seem daunting, it opens up new opportunities for you and gives you a second chance at financial security. You are granted full protection by the federal court, so after filing, you are free from the dangers of foreclosure, repossession, wage garnishments and creditor harassment. One Simple Consultation With just one simple consultation, we can file the documents necessary to protect your property and completely change your life. Our firm works hard to gather the information necessary to make a bankruptcy filing during a single meeting. We understand how busy you are, so we strive to take up as little of your valuable time as possible. Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. Debt Relief Agency The United States Congress has designated the Law Offices of Roy A. Praver as a debt relief agency, assisting consumers seeking relief under the United States Bankruptcy Code. The Law Offices of Roy A. Praver has been proudly representing individuals in bankruptcy cases for over 17 years. Important Decision The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. LEGAL NOTICE AND DISCLAIMER The materials within this web site are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this web site is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information without first seeking professional legal counsel. The information in this web site is provided only as general information which may or may not reflect the most current legal developments. -- ",17);arrFiles[6]=new Array(10,"privacy.shtml","October 24, 2011","Praver Law - Privacy Policy","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Privacy Policy - Your privacy is important to us. Our goal in stating our policy on the collection and use of customer data is to ensure the highest level of confidentiality and security. When you provide information such as your name, address, or phone ","Privacy Policy Your privacy is important to us. Our goal in stating our policy on the collection and use of customer data is to ensure the highest level of confidentiality and security. When you provide information such as your name, address, or phone number, we will not give or sell your information to any outside company for its use in marketing or solicitation. We will maintain the confidentiality of your information and it will be used only to support our relationship in providing you the service you requested. We only reply or return e-mails and phone calls initiated by customers who have chosen to inquire about our services. Further questions can be addressed by emailing us at . Information Collection and Use The Law Offices of Roy A. Praver is the sole owner of the information collected on www.praverlaw.net . The Law Offices of Roy A. Praver collects information from our users at one location on our web site. We use this information to contact the user about services on our site for which he/she has expressed interest. Cookies A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We occasionally use either session ID cookie or persistent cookie to better tailor your visits to your individual preferences on our web site. Log Files Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. Communications From The Site Special Offers and Updates At the Law Offices of Roy A. Praver we send all inquiring users a follow-up email to verify contact information. Users will occasionally receive information on products, services and special deals. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections. Service Announcements On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. Users may opt-out of these communications. Please see our Choice and Opt-out section. Business Transitions In the event the Law Offices of Roy A. Praver goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances be part of the assets transferred. Users will be notified via e-mail prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section. Choice/Opt-out Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by e-mailing us at and typing “Unsubscribe“ in the subject line. Links This Web site contains links to other sites. Please be aware that the Law Offices of Roy A. Praver is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site. Correcting/Updating/Deleting Personal Information If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by emailing our Customer Support Team at or, contact us by telephone at 321-383-3445 or by mail. Notification of Changes At the Law Offices of Roy A. Praver if we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. The Law Offices of Roy A. Praver will use information in accordance with the privacy policy under which the information was collected. -- ",17);arrFiles[7]=new Array(11,"sitemap.shtml","October 24, 2011","Praver Law - Sitemap","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Site Map - Quickly and easily find each web page within the Praver Law website.","Sitemap Navigation Bankruptcy Information Home Page Fresh Start About Us Site Search Engine Seven Reasons Contact Us Bankruptcy FAQs Terms & Conditions Wills and Estates -- Things to Avoid Privacy Wills & Estates -- Bankruptcy Myths Sitemap Will I Lose My Car? Bankruptcy Law 341 Meeting Bankruptcy Evaluation -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you to send us an email ( ) and briefly describe the questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us. We are always here to help you. -- ",16);arrFiles[8]=new Array(12,"terms.shtml","October 24, 2011","Praver Law - Terms and Conditions","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Terms and Conditions - All content on this site including text, graphics, logos, buttons, icons, images, audio clips, and software is the property of Praver Law or its content suppliers and is protected by U.S. and international copyright laws. The compi","Terms and Conditions All content on this site including text, graphics, logos, buttons, icons, images, audio clips, and software is the property of the Law Offices of Roy A. Praver or its content suppliers and is protected by U.S. and international copyright laws. The compilation (the collection, arrangement, and assembly) of all content of this site is the exclusive property of the Law Offices of Roy A. Praver and is protected by all relevant U.S. and international copyright laws. All software used on this site is protected by U.S. and international copyright laws. The content and software of this site is intended solely as a information resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the content on this site is strictly prohibited. Indemnification You agree to defend, indemnify and hold the Law Offices of Roy A. Praver harmless from and against any and all claims, damages, costs and expenses, including attorneys \' fees, arising from or related to your use of the site. Disclaimer This site is provided by the Law Offices of Roy A. Praver on an as is basis. The Law Offices of Roy A. Praver makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the information, the content, the materials, or the products, included on this site. To the full extent permissible by applicable law, the Law Offices of Roy A. Praver disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Law Offices of Roy A. Praver will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive, and consequential damages. Without limiting the foregoing, the Law Offices of Roy A. Praver disclaims any and all warranties, express or implied, for and services offered on this site. Limitation of Liability Under no circumstances, shall the Law Offices of Roy A. Praver or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the the Law Offices of Roy A. Praver web site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of the Law Offices of Roy A. Praver has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this web site or any content on the site, or with the Law Offices of Roy A. Praver TERMS and CONDITIONS, your sole and exclusive remedy is to discontinue using the Law Offices of Roy A. Praver web site. You acknowledge, by your use of the Law Offices of Roy A. Praver web site that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of the limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Law Offices of Roy A. Praver under such circumstances for liabilities that otherwise would have been limited shall not exceed twenty-five dollars (25.00). -- ",14);arrFiles[9]=new Array(15,"about_us.shtml","October 24, 2011","Praver Law - About Us","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","About Us - Providing excellence in legal services has always been the top priority at Praver Law. We have served more than 1,000 people in the Central Florida area with Bankruptcy, Wills, and Estate Planning. We offer personalized service at Affordable r","About Us Providing excellence in legal services has always been the top priority at the Law Offices of Roy A. Praver . We have helped more than 1,000 clients in the Central Florida area with Chapter 7 , and Chapter 13 Bankruptcy cases. We offer personalized service at Affordable rates! As a client, you can rest assured that your case will always receive special care and consideration. We understand that these are difficult times and difficult decisions for our clients. At the Law Offices of Roy A. Praver we take that extra step to provide and explain the most up-to-date legal advice to our clients. At the Law Offices of Roy A. Praver it also means we take the necessary time to thoroughly review your unique situation and completely explain the legal procedures we recommend including the best options available to you as our client. Bankruptcy consultations are ALWAYS free. Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. Debt Relief Agency The United States Congress has designated the Law Offices of Roy A. Praver as a debt relief agency, assisting consumers seeking relief under the United States Bankruptcy Code. The Law Offices of Roy A. Praver have been proudly representing individuals in bankruptcy cases for over 17 years. -- ",13);arrFiles[10]=new Array(18,"links.shtml","October 24, 2011","Praver Law - Links","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Links - These web links are provided as a courtesy to assist our customers in finding legal related information. If these links do not provide the information you are searching for, please contact us at praverlaw.net and we will try and assist you. If yo","Links These web links are provided as a courtesy to assist our customers in finding legal related information. If these links do not provide the information you are searching for, please contact us at and we will try and assist you. If you should happen find any of the links are broken on this page please contact us and let us know so we can correct the error. We only reply or return e-mails and phone calls initiated by customers who have chosen to inquire about our services. Further questions can be addressed by emailing us at . A B C American Consumer Credit Counseling Credit Counseling & Debtor Education Information D E F Debt Management Plans – Government Site Debt Settlement and Debt Negotiations Florida Bankruptcy Law Summaries Free Information about 2010 Bankruptcy Strategies G H I J K L M N O National Foundation for Credit Counseling Net Debt Settlement P Q R S T U The Best Personal Bankruptcy Strategy Manual V W X Y Z -- ",14);arrFiles[11]=new Array(19,"bank_chapter7.shtml","October 24, 2011","Praver Law - Seven Reasons to File Chapter 7","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Seven Reasons to File Chapter 7 - The US Bankruptcy Code offers several choices to one who is struggling with debt. A Chapter 7 bankruptcy is the most common form and preferred option for most debtors. Here are seven reasons why: Time, Property, Cost, Re","Bankruptcy - Seven Reasons to File Chapter 7 Seven Reasons to File Chapter 7 The US Bankruptcy Code offers several choices to one who is struggling with debt. A Chapter 7 bankruptcy is the most common form and preferred option for most debtors. Here are seven reasons why: 1. Time: A typical Chapter 7 bankruptcy takes about 150 days from beginning to end. Once the case is filed, a brief creditor’s meeting is held about 30 days into the process. Unless a creditor objects (rare), the case ends about three months later with little excitement. A Chapter 13 case will run from 36 to 60 months, 3 to 5 years. 2. Property: Most Chapter 7 filers do not lose any property. Federal and/or State exemption laws allow a debtor to protect fairly generous amounts of property. The bankruptcy trustee concludes most cases as being “no asset“ cases. This means that you have no property that you are required to forfeit. Exemptions vary from case to case and we will discuss all exemptions available to you at your initial consultation. 3. Cost: A Chapter 7 case is considerably less expensive than a Chapter 13 bankruptcy. 4. Repayment of Most Unsecured Creditors: NONE If the debt was incurred in good faith and no creditor objects to you filing bankruptcy, unsecured credit obligations (credit cards, medical bills, utility bills, car repossessions, mortgage foreclosure obligations) are completely wiped out in bankruptcy. Your debts will be discharged and you will not have to pay anything back. 5. Privacy: While a record of your bankruptcy is accessible in the court system, however, unlike State Court, unless you have a special account, you cannot access bankruptcy information on the internet. Usually bankruptcy filings are not published in the newspaper. Generally, the only people who know you filed are you, the court, your creditors, and anyone else you choose to tell. Your employer will not be notified by the Court. 6. Credit: Most Chapter 7 bankruptcy filers are able to reestablish credit within a short period after their bankruptcy. After the present debt is removed, your debt to income ratio improves. This is the beginning to rebuilding credit. 7. Stress: Other than a 3-5 minute hearing with the assigned trustee for your case, most Chapter 7 filers never have to go to court for a hearing and will never see a Bankruptcy Judge. Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons -- Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",16);arrFiles[12]=new Array(20,"404_error.shtml","October 24, 2011","Praver Law - 404 Error Page","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","This page does not exist. Perhaps the page has moved, been renamed or no longer exist. We apoligize for any inconvenience.","-- -- Titusville, FL Office 321-383-3445 Melbourne, FL Office 321-255-5453 Site Search STOP Creditors! When student loans, mortgage payments, medical bills and credit card debt become too much, you may feel overwhelmed. We offer the personal help you need to protect your assets, stop creditors from harassing you, and make a fresh start. The links below can help you learn more about Bankruptcy and Florida Law: Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Bankruptcy consultations are ALWAYS FREE at The Law Offices of Roy A. Praver . If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact us today to schedule your FREE initial consultation. Facebook Visit us on Facebook! Connect with others who know the Law Offices of Roy A. Praver . Unique Visitors Free Hit Counter 404 Error Page Sorry, but the page you are trying to view encountered a problem! Description: HTTP 404. The resource you are looking for (or one of its dependencies) could have been removed, been renamed, temporarily unavailable, or no longer exists. Please review the following URL and make sure that it is spelled correctly. Requested URL: We apologize for any inconvenience. As an alternative, we can re-direct you to one of the pages below: BACK - Return to the previous page. HOME - Return to the Home page. SITEMAP - Go to the Sitemap page. SEARCH - Go to the Search page. -- Copyright © 2010, 2011 About Us | Contact Us | Terms | Privacy | Sitemap | Web Design | Web Hosting All Rights Reserved DISCLAIMER: The use of the internet to communicate with the Law Offices of Roy A. Praver does not establish an attorney-client relationship and messages containing confidential or time sensitive information should not be sent. ",30);arrFiles[13]=new Array(23,"disclosure.shtml","October 24, 2011","Praver Law - Bankruptcy Information","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Bankruptcy Information - The United States Congress has designated the Law Offices of Roy A. Praver as a debt relief agency, assisting consumers seeking relief under the United States Bankruptcy Code. Has been proudly representing individuals in bankrupt","Bankruptcy - Information Bankruptcy Attorneys - Debt Relief Agency Disclosures With respect to our Bankruptcy Law practice, Jon G. Brooks, Esq. and The Law Offices of Jon G. Brooks (collectively Brooks), a San Jose, California, law firm, is a federally defined Debt Relief Agency according to 11 United States Code Sec. 101, which means that we can provide clients with legal advice and can represent clients in filing a Bankruptcy Petition in the U.S. Bankruptcy Court. By filing a petition in Bankruptcy Court, a debtor requests the Court for a discharge of his or her debts (which means that certain debts can be made permanently erased and unenforceable against the debtor). Generally, debts that can be discharged in Bankruptcy include most unsecured debts such as credit card balances, medical bills, and even judgments against the debtor. Certain debts are nondischargeable, however, which means that the debtor will still owe them after the bankruptcy is final. Such nondischargeable debts include most (but not all) back taxes, most (but not all) student loans, child support and spousal support, and court ordered restitutionary damages for drunk driving. Pursuant to federal Bankruptcy Law, the Law Offices of Jon G. Brooks makes the following Debt Relief Agency Disclosures to an Assisted Person: You have contacted The Law Offices of Jon G. Brooks, 941 West Hedding St., San Jose, CA 95126, by visiting this website, brooksattorney.com, or by calling us at (408) 286-2766, concerning potentially retaining a bankruptcy attorney to advise you about the possibility of filing a bankruptcy case for yourself as an individual, or for yourself and your spouse if you could file jointly. Our firm \'s bankruptcy practice is focused on representing individual consumer debtors by offering pre-bankruptcy legal consultation, preparing and filing bankruptcy petitions under both Chapter 7 and Chapter 13 for debtors who sign a written agreement with our law firm to hire us as their bankruptcy attorneys. We also represent individual debtors and non-debtor third parties named as defendants in bankruptcy court adversary proceedings, but in such adversary cases, the client must sign a separate written agreement defining the scope of such representation. We represent client debtors who are eligible to file bankruptcy cases in any of the following Divisions of the U.S. Bankruptcy Court for the Northern District of California: San Jose Division, Oakland Division, San Francisco Division, which include the following Bay Area counties: Santa Clara County, Alameda County, San Mateo County and San Francisco County. You can visit the Bankruptcy Practice Area of our website for more detailed information on the legal representation our firm offers to individual consumer debtor clients. Or simply call us at (408) 286-2766 to set up an appointment for a free initial consultation, and if you choose to engage us as your bankruptcy attorneys, to enter into a written contract with an attorney to advise you concerning your eligibility for bankruptcy relief, and if so, under which Chapter of the Bankruptcy Code, and possibly to prepare and file a voluntary bankruptcy petition for you in the U.S. Bankruptcy Court of the Northern District of California. “Credit Counseling“, “debt management“ and other “credit card payment plans“ do not provide a debtor the right to seek a discharge of debt. A discharge of debt can only be granted by the federal Bankruptcy Court and only by filing a petition in the Bankruptcy Court can a debtor obtain an order granting discharge of a debt. A discharge in bankruptcy is in effect a permanent injunction against the debtor \'s creditors which makes it in illegal for them to ever try to collect that debt from the debtor again in the future. A bankruptcy discharge makes credit card debt, back rent, medical bills, and many other types of unsecured debts permanently unenforceable against the debtor. There are some debts, however, for which a debtor cannot obtain a discharge, such debts include: most taxes owed; most student loans (unless the debtor can meet very strictly defined standards of undue hardship); alimony and child support obligations; and court-ordered restitution payments for personal injuries resulting from the debtor \'s drunk driving. In a Chapter 13 case, the debtor must fully pay all non-dischargeable debts during the Chapter 13 repayment plan before completing the plan and obtaining a partial discharge of his or her dischargeable debts. A debtor who is granted a discharge by the U.S. Bankruptcy Court never has to pay the discharged debts again. The creditors to whom such debts were owed prior to the discharge, are permanently enjoined (or legally forbidden) from calling the debtor, sending him or her bills, notices or letters trying to collect the discharged debts, adding interest to the discharged debts, assigning the discharged debts to a collection agency, suing you for the debts, or trying to seize your property or garnish your wages. The Law Offices of Jon G. Brooks will only represent you in preparing and filing a bankruptcy case for you if you enter into a written contract with us to offer you legal representation, advice and related bankruptcy legal services. You must sign our written agreement and pay us the legal fees and costs stated in our contract. 11 U.S.C. Sec. 527 of the United States Bankruptcy Code requires a Debt Relief Agency such as the Law Offices of Jon G. Brooks to provide an assisted person with the following information: 1. A Notice pursuant to 11 U.S.C. Sec. 342(b), which is attached at the end hereof and contains: (1) a brief description of (A) Chapters 7, 11, 12, and 13 and the general purpose, benefits, and costs of proceeding under each of those chapters; and (B) the types of services available from credit counseling agencies; and (2) statements specifying that (A) a person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a case under this title shall be subject to fine, imprisonment, or both; and (B) all information supplied by a debtor in connection with a case under this title is subject to examination by the Attorney General. 2. THE FOLLOWING DISCLOSURES ARE REQUIRED BY 11 U.S.C. Sec. 527(a)(2): (A) all information that the assisted person is required to provide with a petition and thereafter during a case under this title is required to be complete, accurate, and truthful; (B) all assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case, and the replacement value of each asset as defined in Section 506 must be stated in those documents where requested after reasonable inquiry to establish such value; (C) current monthly income, the amounts specified in section 707(b)(2), and, in a case under Chapter 13 of this title, disposable income (determined in accordance with Section 707(b)(2)) are required to be stated after reasonable inquiry; and (D) information that an assisted person provides during his or her case may be audited pursuant to this title, and failure to provide such information may result in dismissal of the case under this title or other sanction, including a criminal sanction. If you have any questions about any of these disclosures, we will be happy to provide further explanation. 3. Certain additional disclosures are required by 11 U.S.C. Sec. 527(b), and are provided to you herewith as a separately captioned document titled “Disclosures Required by 11 U.S.C. Sec. 527(b)“ which are contained on the following page. Please click here for the Debt Relief Agency Disclosures Required by 11 U.S.C. Sec. 527(b). Thank you for your careful attention to these legally required disclosures. We are a Debt Relief Agency as defined by federal law -- ",18);arrFiles[14]=new Array(28,"left_cb_court.html","October 24, 2011","left_cb_court.html","","","Bankruptcy Court United States Bankruptcy Court Middle District of Florida 135 West Central Blvd. Orlando, FL 32801-2443 Bankruptcy Court Website Facebook Visit us on Facebook! Connect with others who know the Law Offices of Roy A. Praver . Unique Visitors Free Hit Counter ",11);arrFiles[15]=new Array(30,"left_cb_main.html","October 24, 2011","left_cb_main.html","","","STOP Creditors! When student loans, mortgage payments, medical bills and credit card debt become too much, you may feel overwhelmed. We offer the personal help you need to protect your assets, stop creditors from harassing you, and make a fresh start. The links below can help you learn more about Bankruptcy and Florida Law: Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Bankruptcy consultations are ALWAYS FREE at The Law Offices of Roy A. Praver . If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact us today to schedule your FREE initial consultation. Facebook Visit us on Facebook! 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Our search engine helps you find exactly what you \'re looking for. Find the most relevant information, images, and answers within the Law Offices of Roy A. Praver website. Enter keyword(s) and select the Go button. within All text Title Keywords Descriptions File name using All words Any words Exact phrase -- -- ",13);arrFiles[18]=new Array(34,"sitemap.xml","September 30, 2011","sitemap.xml","","","http://www.praverlaw.com/sitemap1.xml 2011-09-30 ",1);arrFiles[19]=new Array(37,"urllist.txt","January 10, 2011","urllist","","","http://www.praverlaw.net/ http://www.praverlaw.net/search.shtml http://www.praverlaw.net/bank_info.shtml http://www.praverlaw.net/bank_faqs.shtml http://www.praverlaw.net/bank_myths.shtml http://www.praverlaw.net/bank_law.shtml http://www.praverlaw.net/bank_eval.asp http://www.praverlaw.net/index.shtml http://www.praverlaw.net/about_us.shtml http://www.praverlaw.net/contact_us.shtml http://www.praverlaw.net/terms.shtml http://www.praverlaw.net/privacy.shtml http://www.praverlaw.net/sitemap.shtml http://www.praverlaw.net/bank_chapter7.shtml http://www.praverlaw.net/wills_estate.shtml ",1);arrFiles[20]=new Array(38,"341meeting.pdf","March 12, 2011","341meeting.pdf","","","LAW OFFICES OF:  R O Y A. P R A V E R  ATTORNEY AT LAW  1701 S. Washington Avenue Titusville, FL 32780  Melbourne Office at: Moletteire & Torpy, PA 10 Suntree Place Melbourne, FL 32940  Phone: Fax  E - M a il: W eb : M e lb o u r n e :  (321) 383-3445 (321) 268-9564  RPRAVER@PRAVERLAW .N E T W W W .P R A V E R L A W .N E T (321) 255-5453  What To Expect at Your Meeting With The Trustee  Everyone who files a chapter bankruptcy case must attend what is called a 341 Meeting, also known as a Trustee \'s Meeting or Creditor \'s Meeting. In a Chapter 7 bankruptcy, this meeting will likely be your only contact with the bankruptcy court. In the Orlando Division of the Middle District of Florida Bankruptcy Court, 341 meetings are currently held at the Bankruptcy Court located at 135 West Central Boulevard in Orlando ( Fairwinds  Building). People at the 341 Meeting will include you, your bankruptcy attorney, the Bankruptcy Trustee, possibly a representative of the US Trustee \'s Office, and any creditors that decide to attend. In most cases, the chances of any creditors or US Trustee attending are remote, so in the vast majority of cases, the only people in attendance will be you, your attorney and the Chapter 7 or 13 Trustee. The Bankruptcy Trustee is required by law to ask you certain questions on the record. Your responses to these questions are recorded and can be used in a court of law, and you can be subjected to perjury charges if you do not answer truthfully. If you are unsure about how to answer a question, you may speak to your attorney. Common Bankruptcy Trustee Questions While each trustee has his or her own stylistic preferences regarding the standard questions and has the option of asking additional questions based on the details of a particular case, he or she will ordinarily address at least the following questions: * State your name and address for the record. * Have you read the bankruptcy information sheet? * Did you sign the petition, schedules and related documents you filed with the court? * Did you read those documents before you signed them? * Are they accurate to the best of your knowledge? * Are there any changes you would like to make at this time? * Do the schedules list all of your assets?    * Do the schedules list all of your debts? * Do you have a child support obligation? * Does anyone owe you money? * Do you have any reason to sue anyone? * Have you sold anything or transferred anything out of your name over the past two years? * Have you repaid any debts to family members over the past two years? * Are you the beneficiary of a Trust or an Estate? * Do you expect to come into an inheritance over the next 6 months? The order and particular wording of these questions will vary with the particular bankruptcy trustee assigned your case. This is also normally the time that the Trustee will discuss with you any non-exempt assets that need to be surrendered or bought back. In Chapter 7 cases, you should have your second required counseling class completed prior to the meeting. In Chapter 13 cases typically you will attend the second class in person at the bankruptcy court on the day of your 341 meeting. You must have with you at your meeting a photo ID and proof of your social security number. You will need either your original social security card, or a copy of another form of proof, such as a W-2 form or 1099 or other official document containing your entire social security number. If you fail to have your photo ID and proof of social with you, the Trustee may not hold the meeting and you will have to go back on another day. Some Trustees will require that you produce additional documents prior to the meeting, such as paystubs, bank records, car titles, etc. but most do not. The Clerk schedules 6 to 8 meetings in half hour increments. Individual meetings tend to go by very quickly averaging 3 - 5 minutes. In most Chapter 7 cases, once your meeting is completed, there is nothing else required of you in the Bankruptcy case. Your Discharge will be entered approximately 60 - 90 days after the meeting and usually, in no assets cases, the case is closed at that time. In Chapter 13 cases, your first plan payment is usually due around the time of the 341 meeting. The Trustee will review your payment plan with you and give you envelopes to use in making your payments. Your Plan Confirmation hearing will usually be about 60 - 90 days after the 341 meeting.    ",43);arrFiles[21]=new Array(40,"bank_341mtg.shtml","October 24, 2011","Praver Law - What To Expect at Your Meeting With The Trustee","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","What To Expect at Your Meeting With The Trustee - The types of actions you should avoid before filing your Bankruptcy case can be organized into three groups. The first group includes actions that are forbidden by Bankruptcy Code and may cause your case ","Bankruptcy - What To Expect at Your Meeting With The Trustee What To Expect at Your Meeting With The Trustee Everyone who files a chapter bankruptcy case must attend what is called a 341 Meeting, also known as a Trustee \'s Meeting or Creditor’s Meeting. In a Chapter 7 bankruptcy, this meeting will likely be your only contact with the bankruptcy court. In the Orlando Division of the Middle District of Florida Bankruptcy Court, 341 meetings are currently held at the Bankruptcy Court located at 135 West Central Boulevard in Orlando (“Fairwinds” Building). People at the 341 Meeting will include you, your bankruptcy attorney, the Bankruptcy Trustee, possibly a representative of the US Trustee’s Office, and any creditors that decide to attend. In most cases, the chances of any creditors or US Trustee attending are remote, so in the vast majority of cases, the only people in attendance will be you, your attorney and the Chapter 7 or 13 Trustee. The Bankruptcy Trustee is required by law to ask you certain questions on the record. Your responses to these questions are recorded and can be used in a court of law, and you can be subjected to perjury charges if you do not answer truthfully. If you are unsure about how to answer a question, you may speak to your attorney. Common Bankruptcy Trustee Questions While each trustee has his or her own stylistic preferences regarding the standard questions and has the option of asking additional questions based on the details of a particular case, he or she will ordinarily address at least the following questions: State your name and address for the record. Have you read the bankruptcy information sheet? Did you sign the petition, schedules and related documents you filed with the court? Did you read those documents before you signed them? Are they accurate to the best of your knowledge? Are there any changes you would like to make at this time? Do the schedules list all of your assets? Do the schedules list all of your debts? Do you have a child support obligation? Does anyone owe you money? Do you have any reason to sue anyone? Have you sold anything or transferred anything out of your name over the past two years? Have you repaid any debts to family members over the past two years? Are you the beneficiary of a Trust or an Estate? Do you expect to come into an inheritance over the next 6 months? The order and particular wording of these questions will vary with the particular bankruptcy trustee assigned your case. This is also normally the time that the Trustee will discuss with you any non-exempt assets that need to be surrendered or bought back. In Chapter 7 cases, you should have your second required counseling class completed prior to the meeting. In Chapter 13 cases typically you will attend the second class in person at the bankruptcy court on the day of your 341 meeting. You must have with you at your meeting a photo ID and proof of your social security number . You will need either your original social security card, or a copy of another form of proof, such as a W-2 form or 1099 or other official document containing your entire social security number. If you fail to have your photo ID and proof of social with you, the Trustee may not hold the meeting and you will have to go back on another day. Some Trustees will require that you produce additional documents prior to the meeting, such as pay stubs, bank records, car titles, etc. but most do not. The Clerk schedules 6 to 8 meetings in half hour increments. Individual meetings tend to go by very quickly averaging 3 - 5 minutes. In most Chapter 7 cases, once your meeting is completed, there is nothing else required of you in the Bankruptcy case. Your Discharge will be entered approximately 60 - 90 days after the meeting and usually, in no assets cases, the case is closed at that time. In Chapter 13 cases, your first plan payment is usually due around the time of the 341 meeting. The Trustee will review your payment plan with you and give you envelopes to use in making your payments. Your Plan Confirmation hearing will usually be about 60 - 90 days after the 341 meeting. The Law Offices of Roy A. Praver has provided this information in a PDF format for your convenience. You need Adobe Acrobat Reader 7.1 or greater installed to view and print the documents. If you do not have Adobe Acrobat Reader 7.1 or later installed, you can upgrade to the latest version FREE by clicking on the Adobe image to the right. What to expect at your meeting with the Trustee Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting -- Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",22);arrFiles[22]=new Array(41,"bank_avoid.shtml","October 24, 2011","Praver Law - Things to Avoid Before Filing Your Bankruptcy Case","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Things to Avoid Before Filing your Bankruptcy Case - The types of actions you should avoid before filing your Bankruptcy case can be organized into three groups. The first group includes actions that are forbidden by Bankruptcy Code and may cause your ca","Bankruptcy - Things to Avoid Things to Avoid Before Filing your Bankruptcy Case The types of actions you should avoid before filing your Bankruptcy case can be organized into three groups. The first group includes actions that are forbidden by Bankruptcy Code and may cause your case to be dismissed. The second group includes transactions are not forbidden by the Bankruptcy Code but can get you in trouble with the Trustee, cause certain debts to not be discharged, or potentially result in having the transaction forcibly reversed. The last group includes actions that are not necessarily stumbling blocks in the bankruptcy process but are unwise and could be handled better with some forethought. I. Actions Prior to Filing Bankruptcy Which May Result in Having Your Case Dismissed Fraud - The most common basis for denying a debtor \'s bankruptcy discharge is because a debtor either hides assets or fraudulently transfers them prior to filing bankruptcy in an effort to keep them out of the hands of their creditors. In essence, people who do either of these actions are not the type of honest debtors who are entitled to relief under the Bankruptcy Code. Conversion - You can also create a problem by converting non-exempt assets into exempt assets prior to filing bankruptcy. For example, when a person takes all of her cash out of the bank or sells stock the week before bankruptcy and puts it a her retirement account. These types of cases usually revolve around the debtor \'s intent but when there is no direct evidence of the debtor \'s intent, the court can look at factors such as how soon bankruptcy was filed after the conversion was made to form its own conclusions. Hiding or Failing to Disclose Records - Another way a debtor \'s pre-filing actions can result in a denial of a discharge involves the purposeful destruction or hiding of financial records. The bankruptcy trustee and the Court in general require certain documentary evidence of a debtor \'s financial history in the time leading up to bankruptcy. If those documents are not provided and a sufficient, provable excuse can not be provided as to why, the Court can deny your discharge altogether for failure to maintain records. This tends to be more of an issue when small businesses are involved or assets can not be located, but should not be taken lightly in any case. 2. Property: Most Chapter 7 filers do not lose any property. Federal and/or State exemption laws allow a debtor to protect fairly generous amounts of property. The bankruptcy trustee concludes most cases as being “no asset“ cases. This means that you have no property that you are required to forfeit. Exemptions vary from case to case and we will discuss all exemptions available to you at your initial consultation. II. Actions Which May Result in a Partial Discharge or Other Issues Some debts are non-dischargeable due to the unique status granted to them by Congress and the courts. Other debts are non-dischargeable because of improper actions taken by a debtor in relation to that particular debt. These types of actions are all rooted in fraud and include, generally: * Debt incurred through actual fraud - For example, if you get a signature loan with no intent to pay it back or write a check which you know will bounce. * Luxury good or services - Generally includes consumer debts owed to one creditor for amounts higher than 1,000.00 incurred in the 60 days before filing bankruptcy. * Cash advances - Includes cash advances taken within 60 days before a bankruptcy filing. * False financial statements - For example, if you grossly misstate your income on a car loan application in order ensure approval. Ordinarily, an adversary proceeding must be successfully brought by the creditor alleging these types of fraud in order for that particular debt to be rendered non-dischargeable. Adversary proceedings, in general, are rarely filed, however, it is best to play it safe and avoid any of the above actions if you want a smooth bankruptcy. Another problematic issue which does not involve discharge but can have negative consequences is the preference doctrine. The preference doctrine basically states that payments made to general creditors in the 90 days prior to filing bankruptcy or to insiders - such as family members - in the year prior to filing bankruptcy can be considered inequitable payments and undone by the bankruptcy trustee as such. The exact requirements for establishing a preferential payment are complex, but the bottom line is that if you decide to pay your mother back in the year before filing bankruptcy for money she loaned you and let your other creditor \'s debts go unpaid, the trustee may sue your mother to take that money back and distribute it amongst all your creditors - hardly the result you were aiming to achieve. There is nothing wrong with voluntarily repaying a debt after it is discharged so save your mom some grief and hold off on that payment. III. Actions Taken Prior to Filing Bankruptcy Which Should Be Reconsidered in General One of the biggest mistakes people make when it comes to bankruptcy is waiting too long to speak with a bankruptcy attorney about their options. Before you take any of the following actions, you may want to talk with a bankruptcy attorney regarding their effectiveness and possible ramifications on a bankruptcy filing: * Taking money out of a retirement account - Not only is this money usually exempt from creditors while it stays in the retirement account, you also will have to pay taxes on the disbursement even if you do later file bankruptcy. * LSigning off on a debt consolidation plan - The non-consolidated debt may be dischargeable through bankruptcy and the new loan given for the consolidation may not be. * Cash advances - Includes cash advances taken within 60 days before a bankruptcy filing. * Paying off a credit card with the hopes of keeping it through bankruptcy - For example, if you grossly misstate your income on a car loan application in order ensure approval. Conclusion While most pre-filing actions which can cause major problems for a bankruptcy debtor are fairly obvious, not all are so and much care should be taken to ensure that one does not fall on the wrong side of the bankruptcy system. The consequences can be harsh when the taint of fraud is sensed in a bankruptcy filing. If you have any questions please call and discuss your concerns with The Law Offices of Roy A. Praver BEFORE you act. The Law Offices of Roy A. Praver has provided this information in a PDF format for your convenience. You need Adobe Acrobat Reader 7.1 or greater installed to view and print the documents. If you do not have Adobe Acrobat Reader 7.1 or later installed, you can upgrade to the latest version FREE by clicking on the Adobe image to the right. Things to Avoid Before Filing your Bankruptcy Case Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid -- Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",25);arrFiles[23]=new Array(42,"bank_car.shtml","October 24, 2011","Praver Law - Am I Going to Lose My Car?","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","Am I Going to Lose My Car? - I have found over my years representing clients in Bankruptcy cases that many people have more of an emotional attachment to their vehicles than any other item of personal property, sometimes even more than their home. I’ve s","Bankruptcy - Am I Going to Lose My Car? Am I Going to Lose My Car? The short answer is: “Usually no.” I have found over my years representing clients in Bankruptcy cases that many people have more of an emotional attachment to their vehicles than any other item of personal property, sometimes even more than their home. I’ve seen many people over the years become outraged at the thought that they could possibly lose their paid off vehicle or have to pay additional money to keep it if they file a bankruptcy case. Bankruptcy provides several options that allow you to retain your vehicle, even if you are behind in your payments. 1. Stop Repossession Filing bankruptcy will immediately stop any repossession. Upon filing your bankruptcy case the bankruptcy court issues an order called the automatic stay. This immediately stops all collection efforts against you and your property and will stop the bank from repossessing your vehicle. 2. Chapter 7 Bankruptcy Options If you file for chapter 7 bankruptcy you will need to work with the bank to get your car payments caught up and start making the regular monthly payment as they come due. If you can’t make the monthly payment or get caught up on the missed payments and cannot redeem the vehicle you will eventually have to surrender the vehicle. If there is a lien on the vehicle you can not discharge the debt, not make payments and keep the vehicle. In a chapter 7 bankruptcy you can redeem your vehicle. This means that the bankruptcy court will permit you to pay the bank what the car is worth, not what you owe (assuming you owe more than it is worth). For instance, if you have a vehicle that you owe 20,000 on, but it is only worth 11,000, then you can pay the 11,000 and get the title to the vehicle. The remaining balance will be discharged through your bankruptcy case. The catch to redemption is that you must pay the full amount immediately. In the above example, you would be required to pay the full 11,000. Most people in (or not in) bankruptcy do not have that kind of cash lying around. Because of this you will either need to get a loan from a family member or you can even get financing from another bank to pay off the amount owed. This is called a “redemption loan”. and I can give you contact information for companies that offer this form of financing at high interest rates. To qualify for this loan you must be in a Chapter 7 bankruptcy. Even with the higher interest rates, the redemption loan may still work to your benefit. Finally, if you decide not to keep the car, in a Chapter 7 bankruptcy you can surrender the car back to the bank and have no future liability on it. If own your car without a lien, and the value of the vehicle exceeds your available exemptions, most Chapter 7 Trustees will let you buy back that excess value and most will accept payments over a period of up to 12 months. So, if your vehicle is worth 7,000.00, and you have 2,000.00 of available exemptions, you will have to pay the Chapter 7 Trustee 5,000.00 to buy back the non-exempt value of the vehicle. Over a period of 12 months this would be 416.66 per month. Or, you can take out a loan through a redemption company which will allow you to stretch out the payments over a longer term (but at high interest rates). In this scenario, instead of buying the excess value back, you can also decide to let the Trustee have the car. The vehicle will be sold and you will be paid the value of your exemptions from the proceeds of the sale. In the example used in this paragraph you would receive back 2,000.00 from the sale. 3. Chapter 13 Bankruptcy Options In a Chapter 13 bankruptcy there are several tools to help you keep your car. First, a Chapter 13 bankruptcy case involves presenting a plan to your creditors as to how you will pay them back. If you are behind on your car payments, you can propose a plan that will get these payments caught up over the next three to five years. And, if you bought your car more than 910 days before your bankruptcy filing, you will only be required to pay back what your car is worth, not what you owe. This is called a “cram-down” in a Chapter 13 bankruptcy. If you own your car without a lien, and the value of the vehicle exceeds your available exemptions, in a Chapter 13 case you do not have to pay the Trustee that excess value, like you do in a Chapter 7 case. You can keep the car, but, your Chapter 13 plan will have to provide that your unsecured creditors end up getting paid an amount at least equal to the value of that non-exempt value. So, if your vehicle is worth 7,000.00, and you have 2,000.00 of available exemptions, your Chapter 13 plan will have to pay at least 5,000.00 to unsecured creditors over the 3 to 5 year term of the plan. The Law Offices of Roy A. Praver has provided this information in a PDF format for your convenience. You need Adobe Acrobat Reader 7.1 or greater installed to view and print the documents. If you do not have Adobe Acrobat Reader 7.1 or later installed, you can upgrade to the latest version FREE by clicking on the Adobe image to the right. Am I going to lose my car? Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? -- Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",22);arrFiles[24]=new Array(45,"thingstoavoidbeforefilingc7.pdf","March 12, 2011","thingstoavoidbeforefilingc7.pdf","","","LAW OFFICES OF:  R O Y A. P R A V E R  ATTORNEY AT LAW  1701 S. Washington Avenue Titusville, FL 32780  Melbourne Office at: Moletteire & Torpy, PA 10 Suntree Place Melbourne, FL 32940  Phone: Fax  E - M a il: W eb : M e lb o u r n e :  (321) 383-3445 (321) 268-9564  RPRAVER@PRAVERLAW .N E T W W W .P R A V E R L A W .N E T (321) 255-5453  THINGS TO AVOID BEFORE FILING YOUR BANKRUPTCY CASE The types of actions you should avoid before filing your Bankruptcy case can be organized into three groups. The first group includes actions that are forbidden by Bankruptcy Code and may cause your case to be dismissed. The second group includes transactions are not forbidden by the Bankruptcy Code but can get you in trouble with the Trustee, cause certain debts to not be discharged, or potentially result in having the transaction forcibly reversed. The last group includes actions that are not necessarily stumbling blocks in the bankruptcy process but are unwise and could be handled better with some forethought. I. Actions Prior to Filing Bankruptcy Which May Result in Having Your Case Dismissed Fraud. The most common basis for denying a debtor \'s bankruptcy discharge is because a debtor either hides assets or fraudulently transfers them prior to filing bankruptcy in an effort to keep them out of the hands of their creditors. In essence, people who do either of these actions are not the type of honest debtors who are entitled to relief under the Bankruptcy Code. Conversion. You can also create a problem by converting non-exempt assets into exempt assets prior to filing bankruptcy. For example, when a person takes all of her cash out of the bank or sells stock the week before bankruptcy and puts it a her retirement account. These types of cases usually revolve around the debtor \'s intent but when there is no direct evidence of the debtor \'s intent, the court can look at factors such as how soon bankruptcy was filed after the conversion was made to form its own conclusions. Hiding or Failing to Disclose Records. Another way a debtor \'s pre-filing actions can result in a denial of a discharge involves the purposeful destruction or hiding of financial records. The bankruptcy trustee and the Court in general require certain documentary evidence of a debtor \'s financial history in the time leading up to bankruptcy. If those documents are not provided and a sufficient, provable excuse can not be provided as to why, the Court can deny your discharge altogether for failure to maintain records. This tends to be more of an issue when small businesses are involved or assets can not be located, but should not be taken lightly in any case.    II. Actions Which May Result in a Partial Discharge or Other Issues. Some debts are non-dischargeable due to the unique status granted to them by Congress and the courts. Other debts are non-dischargeable because of improper actions taken by a debtor in relation to that particular debt. These types of actions are all rooted in fraud and include, generally: * Debt incurred through actual fraud - For example, if you get a signature loan with no intent to pay it back or write a check which you know will bounce. * Luxury good or services - Generally includes consumer debts owed to one creditor for amounts higher than  1,000.00 incurred in the 60 days before filing bankruptcy. * Cash advances - Includes cash advances taken within 60 days before a bankruptcy filing. * False financial statements - For example, if you grossly misstate your income on a car loan application in order ensure approval. Ordinarily, an adversary proceeding must be successfully brought by the creditor alleging these types of fraud in order for that particular debt to be rendered non-dischargeable. Adversary proceedings, in general, are rarely filed, however, it is best to play it safe and avoid any of the above actions if you want a smooth bankruptcy. Another problematic issue which does not involve discharge but can have negative consequences is the preference doctrine. The preference doctrine basically states that payments made to general creditors in the 90 days prior to filing bankruptcy or to  insiders  - such as family members - in the year prior to filing bankruptcy can be considered inequitable payments and undone by the bankruptcy trustee as such. The exact requirements for establishing a preferential payment are complex, but the bottom line is that if you decide to pay your mother back in the year before filing bankruptcy for money she loaned you and let your other creditor \'s debts go unpaid, the trustee may sue your mother to take that money back and distribute it amongst all your creditors - hardly the result you were aiming to achieve. There is nothing wrong with voluntarily repaying a debt after it is discharged so save your mom some grief and hold off on that payment. III. Actions Taken Prior to Filing Bankruptcy Which Should Be Reconsidered in General One of the biggest mistakes people make when it comes to bankruptcy is waiting too long to speak with a bankruptcy attorney about their options. Before you take any of the following actions, you may want to talk with a bankruptcy attorney regarding their effectiveness and possible ramifications on a bankruptcy filing: * Taking money out of a retirement account - Not only is this money usually exempt from creditors while it stays in the retirement account, you also will have to pay taxes on the disbursement even if you do later file bankruptcy. * Signing off on a debt consolidation plan - The non-consolidated debt may be dischargeable through bankruptcy and the new loan given for the consolidation may not be.    * Paying off a credit card with the hopes of keeping it through bankruptcy - You may find the payment reclaimed as a preference or the credit card cancelled anyways due to a lowered credit score. Conclusion While most pre-filing actions which can cause major problems for a bankruptcy debtor are fairly obvious, not all are so and much care should be taken to ensure that one does not fall on the wrong side of the bankruptcy system. The consequences can be harsh when the taint of fraud is sensed in a bankruptcy filing. If you have any questions please call and discuss your concerns with me BEFORE you act.    ",49);arrFiles[25]=new Array(46,"bankwillIlosemycar.pdf","March 12, 2011","bankwillIlosemycar.pdf","","","LAW OFFICES OF:  R O Y A. P R A V E R  ATTORNEY AT LAW  1701 S. Washington Avenue TItusville, FL 32780  Melbourne Office at: Moletteire & Torpy, PA 10 Suntree Place Melbourne, FL 32940  Phone: Fax  E - M a il: W eb : M e lb o u r n e :  (321) 383-3445 (321) 268-9564  RPRAVER@PRAVERLAW .N E T W W W .P R A V E R L A W .N E T (321) 255-5453  Am I Going to Lose My Car? (The short answer is:  Usually no. ) I have found over my years representing clients in Bankruptcy cases that many people have more of an emotional attachment to their vehicles than any other item of personal property, sometimes even more than their home. I \'ve seen many people over the years become outraged at the thought that they could possibly lose their paid off vehicle or have to pay additional money to keep it if they file a bankruptcy case. Bankruptcy provides several options that allow you to retain your vehicle, even if you are behind in your payments. 1. Stop Repossession  Filing bankruptcy will immediately stop any repossession. Upon filing your bankruptcy case the bankruptcy court issues an order called the automatic stay. This immediately stops all collection efforts against you and your property and will stop the bank from repossessing your vehicle. 2. Chapter 7 Bankruptcy Options  If you file for chapter 7 bankruptcy you will need to work with the bank to get your car payments caught up and start making the regular monthly payment as they come due. If you can \'t make the monthly payment or get caught up on the missed payments and cannot redeem the vehicle you will eventually have to surrender the vehicle. If there is a lien on the vehicle you can not discharge the debt, not make payments and keep the vehicle. In a chapter 7 bankruptcy you can redeem your vehicle. This means that the bankruptcy court will permit you to pay the bank what the car is worth, not what you owe (assuming you owe more than it is worth). For instance, if you have a vehicle that you owe  20,000 on, but it is only worth  11,000, then you can pay the  11,000 and get the title to the vehicle. The remaining balance will be discharged through your bankruptcy case. The catch to redemption is that you must pay the full amount immediately. In the above example, you would be required to pay the full  11,000. Most people in (or not in) bankruptcy do not have that kind of cash lying around. Because of this you will either need to get a loan from a family member or you can even get financing from another bank to pay off the amount owed. This is called a  redemption loan . and I can give you contact information for companies that offer this form of financing at high interest rates. To qualify for this loan you must be in a Chapter 7 bankruptcy. Even with the higher interest rates, the redemption loan may still work to your benefit.    Finally, if you decide not to keep the car, in a Chapter 7 bankruptcy you can surrender the car back to the bank and have no future liability on it. If own your car without a lien, and the value of the vehicle exceeds your available exemptions, most Chapter 7 Trustees will let you buy back that excess value and most will accept payments over a period of up to 12 months. So, if your vehicle is worth  7,000.00, and you have  2,000.00 of available exemptions, you will have to pay the Chapter 7 Trustee  5,000.00 to buy back the non-exempt value of the vehicle. Over a period of 12 months this would be  416.66 per month. Or, you can take out a loan through a redemption company which will allow you to stretch out the payments over a longer term (but at high interest rates). In this scenario, instead of buying the excess value back, you can also decide to let the Trustee have the car. The vehicle will be sold and you will be paid the value of your exemptions from the proceeds of the sale. In the example used in this paragraph you would receive back  2,000.00 from the sale.  3.  Chapter 13 Bankruptcy Options  In a Chapter 13 bankruptcy there are several tools to help you keep your car. First, a Chapter 13 bankruptcy case involves presenting a plan to your creditors as to how you will pay them back. If you are behind on your car payments, you can propose a plan that will get these payments caught up over the next three to five years. And, if you bought your car more than 910 days before your bankruptcy filing, you will only be required to pay back what your car is worth, not what you owe. This is called a  cram-down  in a Chapter 13 bankruptcy. If you own your car without a lien, and the value of the vehicle exceeds your available exemptions, in a Chapter 13 case you do not have to pay the Trustee that excess value, like you do in a Chapter 7 case. You can keep the car, but, your Chapter 13 plan will have to provide that your unsecured creditors end up getting paid an amount at least equal to the value of that non-exempt value. So, if your vehicle is worth  7,000.00, and you have  2,000.00 of available exemptions, your Chapter 13 plan will have to pay at least  5,000.00 to unsecured creditors over the 3 to 5 year term of the plan.    ",43);arrFiles[26]=new Array(47,"sitemap1.xml","September 30, 2011","sitemap1.xml","","","http://www.praverlaw.com/ 2011-09-30 monthly 1.0 http://www.praverlaw.com/images/spacer.gif Praverlaw - Webpage Spaver Image Praverlaw - Webpage Spaver Image http://www.praverlaw.com/images/bookmark_195x28_n.gif The Law Offices of Roy A. Praver - Bookmark This Site! The Law Offices of Roy A. 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The first group includes actions that are forbidden by Bankruptcy Code and may cause your case ","Bankruptcy - United States Bankruptcy Court - Middle District of Florida United States Bankruptcy Court - Middle District of Florida The United States Bankruptcy Court - Middle District of Florida is located at 135 West Central Boulevard in Orlando (“Fairwinds” Building). Visit the website of the United States Bankruptcy Court - Middle District of Florida for office hours, frequently asked questions, judges opinions, local rules, forms, procedures and general information. Address 135 W. Central Blvd, Suite 950 Orlando, Florida 32801 Hours 08:30 AM to 04:00 PM Monday through Friday Driving Directions? Get driving directions to the United States Bankruptcy Court - Middle District of Florida from Google Map or click on the street map below. Street View Get driving directions to the United States Bankruptcy Court - Middle District of Florida from Google Map or click on the street image below. Additional Information Look through the links below to additional information about your rights on filing Bankruptcy. Once you have looked through the information then call the Law Offices of Roy A. Praver to setup your free bankruptcy consultation to determine if filing Bankruptcy is the correct step for you. Bankruptcy Court -- Fresh Start Seven Reasons Bankruptcy FAQ \'s Things to Avoid Bankruptcy Myths Will I Lose My Car? Bankruptcy Law 341 Meeting Evaluation Form -- Contact Us If you are considering filing for bankruptcy, you do not have to make this decision alone. The Law Offices of Roy A. Praver can provide you with the help and support you need to handle your financial situation. Contact the Law Offices of Roy A. Praver today at 321-383-3445 to schedule a free initial consultation. We have two convenient locations to serve you: Titusville, FL Office Melbourne, FL Office O: 321-383-3445 O: 321-255-5453 F: 321-268-9564 Prior to your appointment, we ask that you send us an email and briefly describe or list any questions you have about bankruptcy. Most of your questions can be answered from information provided on our website, but please feel free to contacts us . We are always here to help you. -- ",17);arrFiles[861]=new Array(1715,"email.htm","October 19, 2011","Praver Law - Email Information Page","melbourne, titusville, law offices, law, office, debt relief, consumers, creditors, relief, protection, bankruptcy, wills, estate planning, debt, debt consolidation, debt relief agency, unsecured debt, nondischargeable, bankruptcy petition, backtaxes, st","About Us - Providing excellence in legal services has always been the top priority at Praver Law. We have served more than 1,000 people in the Central Florida area with Bankruptcy, Wills, and Estate Planning. 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