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Brandon Bankruptcy Lawyer Explains Nondischargeable Debts

March through May of this year has been the busiest months for the U.S. Bankruptcy Court in the Middle District of Florida. Tampa’s bankruptcy filings are only second to Orlando’s in the region. As many individuals and families are still dealing with the down economy and deflated home values, bankruptcy becomes the only option to get a fresh start.

The goal of most individuals in a bankruptcy is to eliminate all debt, except for those debts they wish to keep like a car loan or a mortgage. Dependent on a person’s income, the chapter of bankruptcy will be determined. However, regardless of which chapter is used, some debts cannot be discharged. The most common non-dischargeable debts are:

Taxes and fines, including ones you paid through a credit card
Alimony, child support, and other divorce decree debts
Government-backed student loans
Debts not properly listed in the bankruptcy petition
Debts caused by malicious injury, fraud, or DUI
Condo or co-op fees accrued after the bankruptcy filing
An individual is still responsible for these debts and they will continue to increase during the bankruptcy filing and proceedings if unpaid. All other debts can be discharged, thus releasing the individual from personal liability for those debts. Every individual has a different mix of debts and scenarios, so it’s wise to get an experienced bankruptcy attorney to represent you prior to filing for bankruptcy.

In a bankruptcy you’ll need to provide many financial documents as evidence to support your case. Having a skilled bankruptcy lawyer review the documents thoroughly will help your chances of a successful filing. Tax documents, bank statements, paystubs, and other relevant information is needed. Tax records are particularly important, so if you haven’t filed them because you did not have the money to do so, you could be unable to complete a bankruptcy.

Approximately one month after filing your petition, you will attend a meeting of the creditors at the courthouse. Under oath, you will meet with the bankruptcy trustee and your attorney. If any of your creditors wish to appear and ask questions, they may do so, but it most cases no creditor shows. A knowledgeable bankruptcy attorney will help prepare you for this meeting ahead of time. What’s crucial is to be honest, thorough, and adhere to what the court asks of you during the meeting. If you hide assets or falsify your circumstances, your bankruptcy could be challenged.

Brandon bankruptcy attorney O. Reginald Osenton has counseled clients throughout the Tampa Bay area through the complexities of bankruptcy filing and the creditors meeting for more than 20 years. Olivero Laws holds free monthly bankruptcy seminars to help individuals and families explore their options.

For more information:


Olivero Law

500 Lithia Pinecrest Road

Brandon, Florida 33511

Phone: 813-654-5777

Fax: 866-941-5609

Shiobhan Olivero is the Owner and President of Olivero Law If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Wednesday, June 22nd, 2011 at 10:53 pm under News and Press.
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Free Public Bankruptcy Seminars Continue at Olivero Laws in Brandon

Brandon, Fla. – Olivero Laws is continuing to provide the community with a sought-after bankruptcy seminar. The next seminars are on April 28 and May 10 at 6 p.m., as part of the Olivero Laws Seminar Series. Many Brandon and Tampa area individuals and families need help to slash debt, keep their home and assets and stop the foreclosure process. Alternatives to bankruptcy will also be discussed at the hour-long seminar.

Olivero Laws started giving the free bankruptcy seminars in 2009. Given the success of the seminars, the firm recently decided to expand the program to other legal areas. For example, in June Brandon family law attorney Laurel Tesmer, who also practices with the firm, will give a free seminar on divorce, child custody, and other family law issues.

Reginald Osenton, the senior bankruptcy attorney at Olivero Laws, has handled hundreds of bankruptcy cases and will go over the difference between Chapter 7 and Chapter 13 bankruptcy. “The seminars are free, and you can remain anonymous as you ask questions about all the factors of bankruptcy,” Osenton said. “We know many people need expert counsel during these tough times.”

Brandon bankruptcy attorney Osenton has more than 20 years of experience and gives every bankruptcy case personalized attention to efficiently and effectively help his clients have a fresh start toward a better financial future. Most clients prefer to file Chapter 7 so that monthly payments to a trustee are avoided and debt is wiped away. However, many clients are either forced under the law or choose to file Chapter 13. The top reasons that some clients file Chapter 13 are: their income is too high to qualify for Chapter 7, particular assets cannot be exempted, and the client is upside down on a first mortgage and can request the second mortgage to be dissolved.

Other individuals have dire needs for foreclosure defense expertise. As a mortgage lender is fighting to repossess a client’s property, Olivero Laws will push to keep the property in the individual’s name and minimize any deficiency that the lender might want to hit the client and their credit with. Because Florida is a judicial foreclosure state, the foreclosure goes through the litigation process. As the firm’s lead litigator, Brandon foreclosure attorney Laurel Tesmer handles many foreclosure defense cases.

“Every case is unique, so these seminars are a good way to learn about bankruptcy and how to uphold your rights,” said Osenton.

O. Reginald Osenton practices law in Florida, Virginia, West Virginia, the District of Columbia, and before the Internal Revenue Service. Beyond bankruptcy, he is accomplished in probate, estate and trust, business, real estate, and taxation law.

For more information on the Olivero Laws Seminar Series and to sign up for the Bankruptcy Seminar, call 813-654-5777 or email: info@brandonlawoffice.com as space is limited.


Olivero Law
500 Lithia Pinecrest Road
Brandon, Florida 33511
(813) 654-5777

To learn more visit, http://www.brandonlawoffice.com.

Posted on Thursday, June 2nd, 2011 at 10:44 pm under Bankruptcy.
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