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Category Archives: Bankruptcy

I Can’t File Chapter 7 or Chapter 13!

By Yesner Law |

It happens very rarely but, from time to time, we speak to a client that fails to qualify for Chapter 7 (liquidation) or Chapter 13 (reorganization). If they still want to file bankruptcy personally, what should they do?  Chapter 11 reorganization. Wait! I thought Chapter 11 was for businesses?  Not necessarily. Chapter 11 is… Read More »

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Tips for Negotiating with Creditors

By Yesner Law |

I’ve helped hundreds of clients negotiate. I’ve negotiated residential and commercial real estate contracts, residential and commercial leases, Mediations, credit card debt, medical debt, student loan debt, secured debt, unsecured debt, deficiency obligations, pretty much every type of debt. I’ve negotiated court settlements and other agreements that involved something other than money. Over the… Read More »

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Does Bankruptcy Pause the Statute of Limitations?

By Yesner Law |

We received a great listener question from the Crushing Debt Podcast: “My husband and I have joint credit card debt.  I filed for Chapter 7 bankruptcy eight years ago and got a discharge.  My husband did not file with me, just me alone. My husband recently received a collection notice from from one of… Read More »

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What Debts are Non-Dischargeable in Bankruptcy?

By Yesner Law |

The biggest benefit of filing bankruptcy is that your debts are discharged, meaning your creditors can never try to collect those debts; in essence the debts are eliminated. However, there are some debts that are unaffected by the bankruptcy discharge.  The most popular category of non-dischargeable debts are income taxes owed to the IRS… Read More »

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Bluffing your Creditors? Debt Settlement Ain’t Poker

By Yesner Law |

In poker, people sometimes bluff when they have a bad hand, hoping the other players can’t read the truth and will surrender the chips they’ve already played although they have the better hand. In settling debt, bluffing rarely works because most of the time the borrower lacks leverage, and bluffing can seriously backfire on… Read More »

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You may be able to Sue your Creditor for being too Aggressive in Collecting its Debt

By Yesner Law |

As of March 2018, the United States Federal Reserve shows that there is over $3.8 trillion of consumer credit outstanding! Although failing to pay your Visa® bill (regardless of how much) will have virtually no impact on whether Visa®  survives as a company, I think we can all agree that there is a TON of debt… Read More »

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Help! The IRS has a Lien on my House!

By Yesner Law |

When I meet with a client who has owes money to the IRS, we determine whether the IRS has filed a lien against real property or if the IRS is trying to collect a debt owed by the client, or both.  Despite contrary language in the Florida Constitution, federal tax liens can be enforced against… Read More »

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After Divorce And Bankruptcy, Am I Responsible To Pay Attorney Fees In Foreclosure?

By Yesner Law |

I received another question from a listener of The Crushing Debt Podcast: I was divorced 8 years ago and my ex-wife got the house in the divorce. I had to declare Chapter 7 bankruptcy 4 years ago.  Recently, I was served foreclosure documents because my ex-wife isn’t paying on the house anymore.  Will I… Read More »

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Can I Keep My Tax Refund in a Chapter 13 Case?

By Yesner Law |

This week’s blog is a common question we get from Chapter 13, Reorganization clients.  In a Chapter 13 case, the Bankruptcy Court requires that the debtor file a copy of his tax return each year that the bankruptcy is pending with both the IRS and the bankruptcy trustee, because the bankruptcy plan payments are… Read More »

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What happens after I file bankruptcy?

By Yesner Law |

Filing a bankruptcy is just the start of eliminating your debt. Very often we see pro se debtors (who represent themselves), debtors who hired a bankruptcy petition preparer (who simply files the case on your behalf), and even our own clients, hurt their case by failing to follow up on their obligations subsequent to… Read More »

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When we meet with clients for their free initial consultation, one of the first questions we ask is, "What can we do to help?" We listen to our clients' concerns and work with them to build a strategy that meets their legal goals. Learn more about the counsel an experienced Tampa bankruptcy lawyer can provide by scheduling a free consultation. Complete our online contact form or call 727-261-0224.

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Yesner Law

Yesner Law Countryside Colonial Center
2753 FL-580, Suite 202
Clearwater, FL 33761

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Shawn M. Yesner