Recent Blog Posts

BusLoss

Retail Commercial Leases in Chapter 11 Small Business Cases

By Samantha L. Dammer, Esq. |

If you run a small business in the Tampa Bay area and are considering Chapter 11 bankruptcy, we know that you have many questions about moving forward with your business. For instance, can you keep your business open throughout Chapter 11 bankruptcy? Will any of your business assets need to be liquidated? And perhaps… Read More »

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Exceptions to the Chapter 7 Means Test for Non-Consumer Debt

By Samantha L. Dammer, Esq. |

When you are planning to file for bankruptcy as a result of your business debts, there are many issues you will need to consider. For instance, what type of business structure do you have, and will bankruptcy result in you filing for personal bankruptcy in addition to filing on behalf of your business? When… Read More »

RestBank

How Does a Restaurant Close Down If It Wants to File for Chapter 7 Bankruptcy?

By Samantha L. Dammer, Esq. |

If you are a restaurant owner in the Tampa Bay area and are planning to file for Chapter 7 bankruptcy, we know that you probably have numerous questions about how to begin the process of closing down your business. What will you do with perishable items? What are you supposed to do with the… Read More »

Deed

The Dangers of Transferring Property Prior to Filing a Bankruptcy

By Samantha L. Dammer, Esq. |

Are you considering filing for Chapter 7 bankruptcy in the Tampa Bay area, it is important to understand the dangers of transferring property prior to filing. Given that you are planning to file for liquidation bankruptcy, you are likely aware that you will only be permitted to retain property that is exempt. In other… Read More »

Bankruptcy1

Chapter 7 for The Small Business Owner

By Samantha L. Dammer, Esq. |

Chapter 7 Bankruptcy for The Small Business Owner   Part One:  Why Would a Small Business Need to File A Bankruptcy? A colleague asked me this morning why a small business would need to file a bankruptcy, instead of simply closing down and walking away.  Of course the owner might be facing personal guarantees… Read More »

StudentLoan

Discharging Private Student Loans in Chapter 7

By Samantha L. Dammer, Esq. |

Individuals throughout the Tampa Bay area, and indeed across the country, are struggling to repay student loans and are considering personal bankruptcy. In particular, private students loans present particular problems for debtors due to the fact that they are not eligible for the federal loan repayment programs that can take into account a borrower’s… Read More »

Bankruptcy1

Individual Chapter 11 Cases for People Who Have Too Much Debt to File Chapter 13

By Samantha L. Dammer, Esq. |

Most individual bankruptcy filings in the Tampa Bay area will be under Chapter 7 or Chapter 13. To be sure, when we think about personal bankruptcy, we often do not think about Chapter 11 bankruptcy, which is used most often by struggling businesses, such as restaurants in downtown Tampa. However, there may be certain… Read More »

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Hiring Coverage Counsel or Local Counsel for Bankruptcy Cases in the Middle District of Florida

By Samantha L. Dammer, Esq. |

Debtors in the Tampa Bay area who file for bankruptcy often owe money to creditors outside the state of Florida. There are many reasons that a creditor may need to hire an attorney when a debtor files for bankruptcy, or may need general counsel to get involved in the bankruptcy case. This can get… Read More »

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Bankruptcy and Family Support Obligations

By Samantha L. Dammer, Esq. |

If you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy in Tampa Bay, what will the court do with regard to your family support obligations? For instance, imagine a debtor in Tampa decides to file for bankruptcy, and there is currently a court order in place that requires the debtor to make child… Read More »

Bankr14

Filing Bankruptcy in Florida if You Moved from Another State

By Samantha L. Dammer, Esq. |

Did you move to Florida relatively recently? Did you move at a point at which you were struggling with debt and considering consumer bankruptcy, but you decided to see if a new location and a new job in the Tampa Bay area could help you get your finances back on track? Many Tampa Bay-area… Read More »