Clark and Washington announces the opening of two new offices in the Tampa/St. Pete area. The New Port Richey office is located at 6014 U.S. Hwy. 19, New Port Richey, FL in the Bank of America Building. Another new office was recently opened in Lakeland at 5302 S. Florida Avenue, Suite 209 in Lakeland, just south of Lake Miriam Dr.
With the opening of these two offices, Clark and Washington now has seven (7) convenient offices in the Tampa area. As always, telephone and office consultations are offered at no charge and most cases can be filed for the filing fee only.
Call us at 813-345-5954 for an appointment or for more information.
Filed under Getting started by 
With the economy in a recession, job layoffs common and prices for necessities rising, it is no surprise that bankruptcy filings across the country are at an all time high. Not surprisingly, our firm frequently receives calls from prospective clients who need to file bankruptcy but who are flat broke.
If you are extremely cash strapped, you might be tempted to look for a "cheaper" way to file for bankruptcy – either by trying to fill out the bankruptcy petition paperwork yourself or by hiring a non-attorney "petition preparer" to assist you.
At Clarkand Washington, we would strongly urge you to reconsider any decision to proceed with bankruptcy without the help of a licensed Florida attorney.
Bankruptcy paperwork is complicated and mistakes in preparing and filing your petition and subsequent pleadings can haunt you for years to come. More importantly, you may not receive all of the benefits that bankruptcy can and should provide you.
Here are just a few of the complicated issues that arise in every bankruptcy case:
- means test analysis – the Bankruptcy Code requires every debtor to prepare and submit an detailed analysis of his/her family income during the six month period prior to filing. The purpose of this analysis is to determine whether you have enough "disposable income" to pay creditors back in a Chapter 13, or if you qualify for Chapter 7. The means test analysis requires you to use IRS tables of approved monthly expenses and median income tables for various family sizes that is prepared by the United States Trustee's office
- amendments to petition – frequently you will face objections or requests for additional information in your Chapter 7 or Chapter 13 case. These requests will come in the form of official looking pleadings that will be served on you. If you are proceeding without counsel, you may not know how to respond to these pleadings or where to submit your response.
- bankruptcy procedure requirements – in addition to the official pleadings, every individual bankruptcy debtor must submit additional paperwork, including credit counseling certificates, financial management course certificates, pay stubs (with Social Security numbers blacked out) and tax returns. Would you know where and how to submit these documents if you are proceeding without counsel?
It is unfortunate that preparing and filing a bankruptcy has become so complicated. However, Clark and Washington has a standing policy whereby we will not turn away any deserving debtor because of a lack of cash on hand. In most cases, we will be able to file your Chapter 7 or Chapter 13 case with only the filing fee paid (the filing fee for Chapter 7 is $299 and the filing fee for Chapter 13 is $274). Thus, for less than $300 to start, you gain the benefit of an experienced Tampa bankruptcy law firm.
So, if you are tempted to file bankruptcy on your own or with a non-attorney, please take a minute and call our office first.
Filed under Chapter 13, Chapter 7, Preparing for bankruptcy by
A recent Tampa bankruptcy case has led to federal prosecution for bankruptcy fraud and likely jail time for a wife who trusted her husband. The Tampa Tribune reports that Joanne Cone is facing a possible five years in prison for conspiring with her husband to concel assets from the bankruptcy court.
Michael Cone, the former president of a road contracting company, has been sentenced to a fifteen year prison term for bankruptcy fraud. His wife, Joanne, claims that she had minimal knowledge of her husband's business and that her signature on bankruptcy paperwork did not reflect an intent to defraud the bankruptcy court.
Whether or not you believe Mrs. Cone, let her experience serve as an important lesson. If you sign your name to a bankruptcy petition you are asserting under oath and under penalty of fraud that the information contained therein is true. As Mrs. Cone has discovered, it is much more difficult to later claim that you had no knowledge of your spouse's business.
What should you do if both you and your spouse need to file bankruptcy, but you have some misgivings about the truthfulness of your spouse's disclosures?
First, you should seek your own counsel. Attorneys are not permitted to represent clients with conflicting interests, even if those clients are married. Most consumer bankruptcy lawyers will speak with you at no charge. At Clark and Washington, we are happy to schedule an office appointment at no charge. If you are concerned that your spouse is lying on his/her petition, you may file your own petition that reflects your financial situation as you know it to be.
Read the Tribune story carefully. Apparently, Mr. Cone had the opportunity to accept full responsibility and spare his wife a prison sentence. He apparently believed in his innocence and lost at trial. Now his wife is facing five years.
Situations and relationships change. If you are sitting in a bankruptcy lawyers office, you need to do what is best for you.
Filed under Chapter 7, Discharge issues, Scams and Fraud by
Where do John McCain and Barack Obama stand on the nation's housing crisis? on bankruptcy reform, on economic issues that affect Americans fighting to avoid bankruptcy. Reuters news service has published a useful summary, which I am reprinting here:
McCain:
1. Proposes to spend up to $10 billion to allow some homeowners to trade high-interest, adjustable-rate mortgages for fixed-rate loans.
2. Proposes a suspension of the 18.4-cent federal gas tax and 24.4-cent diesel tax during the summer.
3. Supports a middle-class tax cut by doubling the personal tax exemption for dependents to $7,000.
4. Calls for a simpler tax system with two tax rates and a generous standard deduction.
5. Supports making permanent the 2001 and 2003 income tax cuts and proposes cutting the corporate tax rate to 25 percent from 35 percent and allowing businesses to immediately write off capital expenses.
6. Believes government assistance to the banking system should focus on preventing systemic risk that would endanger the financial system and the economy.
Obama:
1. Calls for greater government regulation of the U.S. financial system and proposes a new $30 billion economic stimulus plan to help homeowners, including a $10 billion foreclosure prevention fund to help people keep their homes and $10 billion in relief for state and local governments hit hardest by the housing crisis.
2. Outlines six “core principles for reform” that would give the Federal Reserve supervisory authority over any financial institution to which it might make credit available and calls for reform and streamlining of financial regulatory agencies.
3. Wants to repeal a provision in the bankruptcy law so ordinary families can modify terms of home mortgages.
4. Proposes a 10 percent mortgage tax credit for middle-class Americans.
Of course, campaign promises and even party platforms don't mean a whole lot, but it is interesting to observe how differently the candidates approach the problem. Which approach makes the most sense to you – both in the near term and in the long term?
Thanks to Port Richey real estate agent Tish Osborne for publishing this comparison table on her Real Town blog.
Filed under Bankruptcy legislation, Foreclosure issues by
Part of the bankruptcy work that Clark and Washington does with our Chapter 13 clients involves the creation of a budget that will become part of the bankruptcy petition and filed with the clerk of bankruptcy court.
By law, Chapter 13 cases must last a minimum of 3 years, although many of the Chapter 13 cases we file will end up lasting 5 years.
It is hard enough to prepare a budget for the next six months – how can anyone possibly predict 5 years into the future? There is no absolute answer to this – here is how we approach this problem:
- the Bankruptcy Code does allow us to file an amended budget. If your income goes down, or goes up, we can revisit your case and change your plan. Generally it is more difficult if you want to reduce your plan payment – we will have to appear before your judge to explain why your plan payment needs to decrease.
- when calculating a budget, we try to identify expenses that you know you will have. For example, if you know that you will need a $3,000 dental surgery within the next year, we can build that cost into your monthly medical budget. Car maintenance issues like new tires, 100,000 mile service, etc. can also be planned. You may need to gather documentation for these future expenses, but a little work on the front end can make your plan a lot more livable.
- you need to communicate with our office. Our job as your attorneys is to prepare and file a workable Chapter 13 plan and to work with you to keep that plan working. If you foresee a temporary layoff or a job change, you need to let us know. In some instances we can get a short term suspension of your Chapter 13 payment.
- in preparation for filing, you should gather receipts and think very carefully about your Chapter 13 budget. Budget estimates are appropriate in some circumstances but inaccurate estimates in the context of a bankruptcy case can get you in trouble.
Filed under Bankruptcy budgets, Preparing for bankruptcy by
