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Albaugh Law Firm Blog

  • Chapter 7 vs Chapter 13: The Pros and Cons

    || 11-May-2017

    Once you have made the decision to file for bankruptcy, you will be faced with the decision of choosing which type of bankruptcy best suits your set of circumstances and will offer you the most effective form of financial relief. The two most common forms of bankruptcy are Chapter 7 and Chapter 13 bankruptcies, both of which serve different purpose. If you are just beginning to grapple with these ...
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  • Filing for Bankruptcy? Avoid These 6 Things

    || 4-May-2017

    If you have found yourself in a financial predicament caused by a recent divorce, the loss of a job, or high medical bills, you might already be mulling over the idea of filing for bankruptcy to eliminate your debts. However, you should be careful when navigating these financial waters as there are some decisions that have the potential to harm your bankruptcy case, which you should be aware of. ...
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  • Does Bankruptcy Wipe Out All My Debt?

    || 28-Apr-2017

    Bankruptcy can eliminate some debt, but it cannot eliminate all types of debt and wipe the slate clean. Before making a decision regarding whether or not you should file for bankruptcy, it is important to understand which debts will be erased and which will not. Generally, you can rid yourself of credit card debt through a Chapter 7 and Chapter 13 bankruptcy, but if you have other types of debt, ...
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  • Does Bankruptcy Hurt My Credit Score?

    || 28-Mar-2017

    Filing for bankruptcy is a difficult decision, and one that should only be made under the counsel and guidance of a skilled bankruptcy attorney. Although bankruptcy might seem like an end-all situation, it can be a new beginning for many. It is true that your credit score will be heavily impacted by filing for bankruptcy; however, you can rebuild your score. In some cases, people’s credit ...
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  • Is It Too Late for Me to Save My Home?

    || 15-Mar-2017

    Have you run into financial trouble? As a homeowner, the prospect of losing your house can be devastating. However, once you are facing foreclosure it may seem like you have no other options. Before you give up hope, consider several alternatives that may be available to you as you navigate your current financial circumstances. A skilled foreclosure defense lawyer can walk you through these ...
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  • Can I File My Own Bankruptcy?

    || 15-Feb-2017

    The thought of hiring a lawyer can be overwhelming. In the age of the internet, you have worlds of information at your fingertips – it should be easy to figure out what you need to do to file bankruptcy, right? Not necessarily. The legal world is incredibly complex and it is important to really consider your options before making a decision on whether to file with an attorney or without. ...
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  • How Long Does Filing a Chapter 7 or 13 Bankruptcy Take?

    || 3-Feb-2017

    Time is of the essence when you are looking to file for bankruptcy. Not only are you being harassed by creditors, but you also are ready to get your finances back on track and return to a more normal life. If you are considering filing for bankruptcy, you are probably wondering how long the process will take. There are different timelines involved depending on what type of bankruptcy you are ...
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  • Benefits of Chapter 13 Bankruptcy

    || 30-Jan-2017

    Chapter 13 bankruptcy is a court-approved repayment plan which allows debtors to pay back their debt obligations throughout three to five years, depending on their overall debt and income. The repayment plan gives debtors an opportunity to create one manageable payment each month to their bankruptcy trustee, which means there is absolutely no contact with creditors. The following are the ...
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  • Do I Qualify for Chapter 7 Bankruptcy?

    || 16-Jan-2017

    In Chapter 7 bankruptcy, many (or all) of your debts are canceled. At the same time, you may also sell/liquidate some of your property to repay your creditors. In order to qualify for a Chapter 7 bankruptcy, however, you must earn less than the state median income on a monthly basis, or perform a “ means test ” that examines your financial records, such as income, expenses, and debt. ...
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  • Common Bankruptcy Myths Debunked

    || 15-Dec-2016

    For many Americans, bankruptcy is akin to a mythical beast that represents an unknown and frightening legal and financial venture. The mystery surrounding bankruptcy has been built up over the years as rumors and speculation circulate more than actual facts. The result is many people shying away from bankruptcy due to misinformation when, in actuality, it could be greatly beneficial for ...
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  • Bankruptcy can be a highly effective way of eliminating overwhelming debts and getting your finances and your life back on track. But as many people who have gone to a college or university to obtain a degree can attest, student loans and the debts they cause are stubborn and seem to resist any bankruptcy filing. While student loan debt is normally unable to be discharged through bankruptcy, ...
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  • What's the Difference Between Unsecured & Secured Debt?

    || 18-Nov-2016

    When you are in the midst of a bankruptcy filing, you will likely come across both secured debt and unsecured debt. You might not, however, come across a clear explanation as to what these two types of debt are, and why you should care. What is Secured Debt? A secured debt is any type of debt that is tied to a lien that would permit creditor repossession or foreclosure if the debtor defaults. Auto ...
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  • Tips to Fix Your Credit Score After Bankruptcy

    || 1-Nov-2016

    People faced with unpayable debt that burdens them day in and day out often need bankruptcy to escape it. More often than not, this means using Chapter 7 bankruptcy to discharge as much debt as possible. For all the good that bankruptcy filings can bring, they can bring consequences, mainly damage to a filer’s credit score. If you have filed for bankruptcy, or are thinking about doing it, ...
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  • Democrat Senator Elizabeth Warren has become the latest voice in a growing number of advocates calling for reform of the debt collection industry, reprimanding the US Department of Education for sending debt collectors to pursue money from 80,000 students who were defrauded by a for-profit school. In a letter to US Education Secretary John B. King Jr., Senator Warren recently called out the ...
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  • Is the National Debt Really Something to Worry About?

    || 3-Oct-2016

    If you have been following the upcoming 2016 presidential election at all, you have likely heard about the rising national debt as being one of the main topics of debate. Since the year 2000, the country’s debt has skyrocketed by $5.7 trillion to a staggering $19.5 trillion – more than three times as much debt as the total amount of debt the country had accrued since its inception in ...
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  • Guidelines for Concealed Carry Laws in Jacksonville, Florida

    || 22-Sep-2016

    Florida gun owners who wish to exercise their right to carry a concealed weapon in Jacksonville need to know the law. What Is Florida’s Concealed Carry Law? Concealed carry is a term that applies to carrying a firearm on one’s person in public in such a way that it is hidden from view. Concealed carry is legal in Jacksonville and throughout the state of Florida as long as the gun owner ...
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  • $35B Rise in Household Debt in Three Months

    || 20-Sep-2016

    Quarter 2 of America’s 2016 fiscal year saw a spike in the total household debt of $35 billion, bringing it up to $12.29 trillion. How do the average American families wind up adding such a large figure to the national household debt? It is believed the spike was caused by two financial categories: credit cards and auto loans. When the economy was in its biggest, recent slump, people put ...
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  • How Much Household Debt is There in America?

    || 2-Sep-2016

    According to recent studies, the average household in America has more than $130,000 in debt. The national household debt overall rose to $12.29 trillion in the second quarter of 2016’s fiscal year, so it feels like everyone is in a bit of a financial quagmire right now. But where is all this debt coming from? And who is on the other side of the debt waiting for the eventual repayment, or ...
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  • A controversial topic in family law these days is whether courts should presume that 50/50 division of custody is always in the best interest of children in divorce cases. With a presumption that an even division of parenting time is always best, a judge begins considering the case from that perspective, and it's up to the parent to prove that some other arrangement is better for the kids. In ...
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  • It is legal to carry a concealed firearm in St. Augustine and St. John's County, as long as you apply for and obtain a concealed carry permit, and you adhere to the restrictions governing where you can and cannot carry a concealed weapon. What are the current concealed carry laws in Florida? Florida state law allows a person to carry a concealed weapon in many public places, provided that ...
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  • Having your vehicle repossessed due to missed payments or defaulting on an auto loan can really throw a wrench in the gears of your life. As your mobility plays a large part of your overall freedom, losing your primary method of transportation due to financial hardship can be devastating. Unfortunately, most people who have their vehicles repossessed do not have the necessary funds to redeem their ...
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  • An Overview of Mortgage Modification Mediation in FL

    || 1-Aug-2016

    One of the most widespread fears associated with filing for bankruptcy is the possibility that a person will lose their home during the process. Under certain circumstances, homeowners and certain investment property owners who file for bankruptcy in Florida may be able to negotiate an arrangement to keep their property through a process known as Mortgage Modification Mediation (MMM). This process ...
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  • What Amendment 2 Means for Florida's Marijuana Laws

    || 1-Aug-2016

    This November, Florida is on schedule to vote on a constitutional amendment legalizing medical marijuana. Though past initiatives have been narrowly voted down, experts are optimistic that the measure, named Amendment 2, will pass by the required supermajority. Many counties have already begun preparing for legalization’s likely victory in November, moving toward decriminalizing possession ...
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  • Am I Entitled to Alimony in Florida?

    || 20-Jul-2016

    Alimony helps to provide financial assistance to the lower-earning spouse following a divorce. In Florida, eligibility for alimony is essentially based on three core factors: whether the marriage was legal (since common law marriage isn’t recognized under Florida state law), the requesting spouse’s need for financial assistance, and the ability for the higher-earning spouse to pay. The ...
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  • Can I Get My Garnished Wages Back?

    || 15-Jul-2016

    Are your wages being drained each paycheck due to harsh wage garnishments imposed through the court due to a creditor’s actions? You are probably pretty frustrated by now and looking for a way to stop it. Even better would be if you were able to get back what they took. But is it possible? Bankruptcy law states that when you file for bankruptcy, your wage garnishments will be stopped by an ...
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