• As a firm, Ryan Law Firm, P.A., is dedicated to providing timely, competent, compassionate and competitive assistance to those in need.

Legal services:

Ryan Law Firm, P.A., is a law firm that assists its clients in dealing with a variety of financial and bankruptcy related matters.  The attorneys in this firm have in excess of 30 years of combined experience in the fields of commercial and Bankruptcy Law. 

 

The firm specializes in individual consumer matters and small to mid size business reorganizations.  We handle all Chapters encompassed by the Bankruptcy Code - Chapter 7, 11, 12 and 13 cases.  We represent Debtors, Creditors, Trustees and all other parties in interest involved, in any way, in the bankruptcy process.

 

mediation:

Mediation is a process by which a neutral third party, called a mediator, hears a dispute between two or more parties and attempts to help the parties settle their dispute in a mutually satisfactory manner.  The mediator can help the parties recognize the strengths and weaknesses of their case and can offer creative suggestions for the resolution of the dispute.  Mediation can save time, money and is a method of avoiding the inherent risks of litigation.  The process is entirely voluntary and non-binding.  The parties work in a collaborative, controlled environment and the ultimate decision as to the outcome of the dispute rests solely with the parties involved.   All matters discussed at the mediation are confidential.   A mediation may be set at any point in a dispute, whether it is prior to a lawsuit being filed or afterwards.

 

educational services:

The attorneys here are available to speak on any bankruptcy related topics to any groups or organizations. We have spoken at corporations, churches, schools, and other places where there are groups of people who are possibly interested in any type of financial relief.

There is no charge for these educational services; however, prior advance arrangements must be made with the firm for these types of speaking engagements.

special services:

Ryan Law Firm, P.A. offers a variety of special services to help clients deal with specific financial issues.  Some of these services, such as driver’s license restoration, foreclosure defense and workouts may appear unrelated to the bankruptcy process.

 

Other services, such as discharging tax obligations, are contemporaneous with and related to the bankruptcy process.

We welcome inquiries with regard to additional services not specifically dealt with in this section.

 

Discharging Tax:

In general, business withholding taxes (941 taxes) and personal income taxes (1040 taxes) are NOT discharged by a bankruptcy case filing. An individual’s liability for withholding taxes (941 taxes) is never dischargeable by a personal bankruptcy case filing. However, under certain very specific circumstances, some income taxes may be dischargeable

 

Forgiveness of debt tax liabilities

There is a provision of the U.S. Tax Code which allows the Internal Revenue Service to assess "forgiveness of debt" tax liability against a party whose debt is forgiven.

 

This provision sneaks up on people in various ways. For example, if a person does a “short sale” on a parcel of real property where the bank receives less than the total amount owed on the debt, the bank may issue a notice to the IRS, and the party “selling” the property can be assessed income tax liability on the portion of the “forgiven” debt. This can also occur in a foreclosure situation.

 

However, if you file for bankruptcy protection before the foreclosure sale or the scheduled short sale, the filing of the bankruptcy case prevents the assessment of these resulting income taxes.

 

If you think this situation could apply to you, make sure to mention this to, and discuss this with the attorney.

 

Lien Stripping

Certain provisions of the Bankruptcy Code allow a debtor to bifurcate (separate) a claim into its secured and unsecured components. A claim is secured to the extent of the value of the collateral that secures the debt. If there is more owed on the debt, than there is value of the collateral, then the remaining debt is determined to be unsecured.

If you believe you are paying on secured debts that might be subject to a “lien strip”- i.e. the current value of the collateral is less than the amount of the debt owed, be sure to mention this to and discuss this with the attorney.  

 

Stopping Foreclosures

The filing under any chapter of the Bankruptcy Code will stop a foreclosure case at any stage in the procedure, up until the time the property is sold at a scheduled foreclosure sale.  The filing of a bankruptcy creates an automatic stay or automatic freezing of all creditor action against the bankruptcy Debtor or the Debtor’s property. 

Our office can advise you as to the best options for you in your particular circumstances.

 

Driver License Restoration

When a person is involved in an automobile accident and they do not have sufficient automobile insurance to cover the damages, it is common for the State of Florida to revoke a person’s driver license for financial irresponsibility.

If you have been involved in an automobile accident that resulted in a monetary judgment against you, it will be necessary to provide the attorney with a copy of the police report from the accident, and all contact information for all drivers and insurance companies involved in the accident.

 

Creditor Representation

Creditors frequently do not collect all they are due when someone they know files for bankruptcy protection. Ryan Law Firm, P.A. represents all types of creditors in all types of bankruptcy cases and proceedings. The specifics of any creditor representation will be discussed in a free initial consultation.