Recent Blog Posts

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New Student Loan Modification Program

By Samantha L. Dammer, Esq. |

For debtors in the Tampa Bay area who are considering Chapter 13 bankruptcy because they are having difficulty with student loan payments, it is important to know about a new program in the Middle District of Florida concerning student loan modification. According to a recent administration order, the United States Bankruptcy Court for the… Read More »

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Chapter 11 Bankruptcy and Single Asset Real Estate Cases in Tampa

By Samantha L. Dammer, Esq. |

If you own a business in Tampa and are considering Chapter 11 bankruptcy, it is important to learn more about how being a single asset real estate (SARE) debtor could impact your case. In short, if you are a SARE debtor, you may need to pay attention to specific time limits and requirements in… Read More »

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Chapter 11 and Bank Account Garnishments in Florida

By Samantha L. Dammer, Esq. |

Most businesses in the Tampa Bay area that file for Chapter 11 bankruptcy expect that they will benefit from the automatic stay connected to their bankruptcy filing. The automatic stay is designed to prevent creditors from taking any additional actions to collect on debt, and in most cases the automatic stay prevents any lawsuits… Read More »

Money

Chapter 11 Bankruptcy: How Attorneys Have to Get Court Approval for Payment of Fees

By Samantha L. Dammer, Esq. |

Chapter 11 bankruptcy is a particular type of reorganization bankruptcy that is used largely by businesses in order to reorganize debt. In some cases, individuals will also file for Chapter 11 bankruptcy if they want to reorganize their debts but do not qualify for Chapter 13 bankruptcy because their secured or unsecured debts exceed… Read More »

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Changing Attorneys in the Middle of a Chapter 11 Bankruptcy

By Samantha L. Dammer, Esq. |

Sometimes when businesses in the Tampa Bay area consider filing for Chapter 11 bankruptcy, they quickly choose an attorney and begin the process of the reorganization bankruptcy. While some bankruptcy cases can work out for the small business filing for Chapter 11 even if that business does not have the best lawyer handling the… Read More »

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Chapter 11 Bankruptcy: Stopping Factoring Companies and Companies with Consent Judgments from Collecting from the Business Bank Account

By Samantha L. Dammer, Esq. |

When a business files for bankruptcy and wants to remain open, it will typically file for Chapter 11 bankruptcy. Chapter 11 bankruptcy is a reorganization type of bankruptcy that allows a company to remain operational while it develops a repayment plan for its debts. If the business meets the terms of the repayment plan—typically… Read More »

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The HAVEN Act and Veterans Benefits in Bankruptcy

By Samantha L. Dammer, Esq. |

For veterans in Florida who need bankruptcy protection and are considering filing for Chapter 7 bankruptcy, the prospect of passing the “means test” can be complicated and, in some cases quite difficult, given the way in which current bankruptcy law requires courts to consider certain veterans’ benefits as part of a veteran’s income. In… Read More »

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What Happens if a Small Business Chapter 11 Bankruptcy Has to Get Converted Into a Chapter 7?

By Samantha L. Dammer, Esq. |

Many businesses in the Tampa Bay area, like restaurants and retail establishments, realize that they are having difficulty paying their bills and managing the upkeep of the business. In some cases, a business’s financial problems are seasonal. For example, a restaurant might struggle during the spring and summer months when fewer tourists and part-time… Read More »

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Debtor-in-Possession Bank Accounts and Rules: What Happens When You File a Chapter 11 for a Small Business?

By Samantha L. Dammer, Esq. |

What happens when a small business in the Tampa Bay area files for Chapter 11 bankruptcy, in particular the debtor-in-possession bank account? What rules does the debtor have to follow? In order to understand the answers to these questions, it is important to learn more about Chapter 11 bankruptcy for small businesses and to… Read More »

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Collecting a Judgment Against a Corporation After Chapter 7 Bankruptcy

By Samantha L. Dammer, Esq. |

Corporations, as well as individuals, can file for Chapter 7 bankruptcy in order to have debts discharged. For both businesses and consumers who file for Chapter 7 bankruptcy, there are certain protections associated with filing for bankruptcy, including the automatic stay, which prevents creditors from continuing to collect on debts as soon as the… Read More »