Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Bankruptcy Lawyer Port St. Lucie FL

How do I re-establish my credit after Bankruptcy?

How do I re-establish my credit a Bankruptcy?

Don’t expect your credit to rebound overnight after filing for bankruptcy?  However, there are some very important steps you should take after your discharge.

First and foremost, make a budget.  Know what you need to spend to maintain your current lifestyle.  It is also important, as part of that budget to set some money aside for a rainy day.  As hokey as this sounds, it is very important to have a safety net in the event that something unexpected occurs.

Usually after your discharge you will receive applications for secured credit cards.  These cards can help you begin to rebuild your credit.  It is important to pay them on time and try to pay them off each month.  Attempting to rebuild your credit requires discipline and diligence.  Stay within your means.  If you cannot pay for it, don’t buy it on credit.  When using your secured credit card set aside the money you would have otherwise spent on the item purchased.

It is also important to check your credit 30 to 60 days after you have been discharged to make sure your discharged debts show a zero balance owed.  If they have not, contact the credit reporting agency and demand the correction be made.  If no action is taken, you may want to contact a lawyer.  Failure to properly report your credit is subject to the Fair Credit Reporting Act.

Another reason it is important to have the balances reported as zero and discharged, is because your current credit is based upon your history of payments and your available credit.  Balances on discharged debts not properly reported will not only have negative effect on your credit history; the balances will also show monies due on closed lines of credit.  The availability of credit is closed on an account which should not be included in your post-bankruptcy discharge credit report calculation (Know that all of the discharged creditors will appear on your credit report, but they need to have a balance of zero and the reason can read discharged in Bankruptcy).

On the subject of credit availability, as you re-establish your credit, keep your balances low.  This will help your credit score climb.  Therefore, if you have had a secured credit card for 1 to 2 years, maintained timely payments and kept the balance low, you can apply for store and gas station credit cards.  Once you obtain one of these unsecured lines of credit, use it and pay it off every month.

If you are married and you filed for bankruptcy and your spouse did not or you married after filing for bankruptcy, you may be able to obtain unsecured credit through your spouse.  Again, it is important to make your payments on time and keep the balances low if not at zero.

I hope this information has been helpful and I appreciate your visit to my website.

If you are in need of debt settlement or need to talk a lawyer about whether or not you should consider filing for Chapter 7 or Chapter 13 Bankruptcy in Stuart, Port St. Lucie or Jupiter FL, please give my office a call.

Can they take my car in Bankruptcy?

Can they take my car in Bankruptcy?

Whether a creditor can take your car or you will lose your car in Bankruptcy is not a simple yes or no question. There are many factors which will determine whether the equity in your car can be reached by a creditor and whether or not they would even consider spending the time and effort to attach your vehicle.

The video below discuss one of the issues which is title to the vehicle. Is the vehicle titled in more than one person’s name and how is that titled. If there is more than one person on the title, then whether you’re potential equity in the vehicle is subject to how the vehicle is titled. If the vehicle is titled between you “and” another party, then your interest in the asset is 50%. However, if the title indicates multiple party ownership using the conjunctive “or”, then either you or any other owner can transfer the asset. This distinction comes into play when determining the equitable stake in an asset.

Another factor in determining the equity is the wholesale value of the asset. In south Florida, most trustees use the Kelly Blackbook value. This is reasonably accurate. However, with each vehicle there can be factors which reduce the value including the operating condition, the overall condition, the mileage, etc… These factors are taken into account when determining the value of the vehicle. For the Bankruptcies I file here in Stuart, Port St. Lucie and Jupiter, I maintain an online annual subscription to the Kelly Blackbook. This gives us the up to date adjustments made to any vehicles value.

The other major consideration is whether or not the vehicle is liened (i.e. there is a loan on the car). The equitable value of the vehicle is the Kelly Blackbook wholesale minus the conditional adjustments minus the lien on the vehicle divided by the number shared owners. This is roughly the process used to determine the equitable value of the vehicle. If the lien exceeds the value of the vehicle there is no equity to attach. Then, when you file for a chapter 7 Bankruptcy, you reaffirm the loan through the bankruptcy. You can also choose to let the vehicle go and discharge your obligation to the lender for any potential deficiency owed on the vehicle (the difference between the value of the vehicle and the amount owed on the note).

If you are facing a financial dilemma and are looking for a lawyer in Stuart FL, Port St. Lucie FL, or Jupiter FL, please give me a call.

Meeting of Creditors

Bankruptcy Lawyer Port St. Lucie FL

I wanted to take a brief moment to explain how I work with my Bankruptcy clients.  I am a hands-on Bankruptcy Lawyer.  Anyone filing for Bankruptcy doesn’t normally consider it a routine occurrance.  The decision to file for Bankruptcy is usually fraught with hesitation, fear, and anxiety.  I know and understand this.  I want to make sure that when you file you are properly prepared and will go over the procedure with you.  Both my paralegal and I make ourselves available to answer your questions.  Filing for Bankruptcy and finding the right bankruptcy lawyer in Port St. Lucie Fl, does not have to be difficult.  Call my office and set-up a free consultation.

Below I discuss what a 341 Meeting of the creditors is and what is done.  It can be one of the most emotionally trying events in filing for bankruptcy.  I review the process with you before you go to make sure you understand the process.  If you need a Bankruptcy Lawyer in Port St. Lucie FL, please give me a call.

The Meeting of Creditors,  Chapter 7 Bankruptcy:  Stuart, Port St. Lucie, and Jupiter Florida

When filing for a Chapter 7 Bankruptcy, there is a meeting of creditors or the 341 hearing.  The meeting of creditors meeting is administered by the trustee.  The Trustee is assigned to you case when filed.  The Trustee reviews your petition and  schedules to make sure the information is accurate, truthful and complete.  The Trustee is attempting to recover any nonexempt property which can be liquidated, if necessary, and used to repay the creditors.  This is quite an involved process.

The petition and schedules are submitted the day you sign them in my office and are submitted electronically to the U.S. Southern District Bankruptcy Court of Florida.  At that time, they are assigned a Judge, a Trustee, and a date and time for the 341 hearing.

The 341 hearing is scheduled automatically 20 to 40 days after the date of filing and the petitioner (you) must show up at the hearing and you will need to bring a means of identification and a verification of your Social Security Number.  I cannot stress this enough.  It is very important to bring your Driver’s License and Social Security card.  If you do not have a Social Security card, it would be prudent to apply for a replacement before you see me for the initial consultation.  If you do not have these documents to present, the trustee will not conduct the meeting.  I have had clients attempt to substitute other documentation other than what the Trustee will accept and have had the meeting cancelled.

As mentioned previously, the meeting of creditors is administered by the Trustee not a Judge.  In order to make sure you are on time, please arrive at least 15 minutes early.  Currently, the meetings for petitioners filing for Chapter 7 Bankruptcy from Port St. Lucie FL are held at 1515 N. Flagler Dr., Room 870, in West Palm Beach, FL.  There is free valet parking when you pull into the building.  Take the elevator to the 8th floor and room 870 is denoted by a sign that says Trustee Waiting Room.  When you get in the room there is a short questionnaire you need to fill out and bankruptcy information paperwork posted on the wall by the door that you must read (I provide you with a copy when you first come in as part of your bankruptcy paperwork package).

Each trustee has different requirements regarding what paperwork they would like updated.  We will let you know what is needed.  Generally, I bring the entire file with me to the 341 Hearing.  However, there may be some last minute paperwork you will need to provide the Trustee (Bank statements or pay stubs you did not give to us and which were not uploaded to the trustee).   We upload all supporting paperwork prior to the 341 Hearing which gives the Trustee and opportunity to thoroughly review your file prior to conducting the meeting.

There may be other creditors represented at the 341 Hearing, but, generally, this is not the case.  Usually the only person asking questions in a Chapter 7 Bankruptcy is the trustee.  I go over what is expected of you prior to the 341 Hearing.  Because this meeting/hearing is usually the only formal proceeding in which you will discuss your case with anyone, clients are always very nervous, which is okay.  It will be okay.

Depending on the Trustee, the complexity of your financial situation, and how complete and accurate your petition and schedules are, the meeting usually does not last more than 15 minutes and can be shorter.  We go over your information with you so thoroughly that when we get to the hearing it should go smoothly.  You will know what assets cannot be exempted and the status of your filing.  It still may not alliviate your angst, but at least you will know your are thoroughly prepared.

When the 341 Hearing(Meeting of Creditors) begins, the trustee will swear you in.  The trustee may have an assistant present.  Usually, the trustee will have a monitor, which will have the schedules filed with the court available for the Trustee’s review.  The Trustee will ask you many questions about your financial affairs, whether you have read and reviewed the petition and schedules prepared by your attorney and are they true and accurate, what real estate you owned or transferred recently, whether you had previously file for bankruptcy and when, when was the last time you paid creditor and how much, valuations of property, etc…There can be many issues that come up, especially if you own a business.

If there are any issues which require additional documentation or clarification, this is usually handled outside the 341 Hearing.  If there is any nonexempt property which the trustee would like to claim, arrangements can be made there or after the meeting.

There may be other issues which could arise as a result of improper documentation and some of these issues could be severe.  Therefore, it is important to be honest.  Do not lie to me or the Trustee.  Bankruptcy Fraud is no joke.

Finding the right bankruptcy lawyer in Port St. Lucie is not as difficult as you think.  I am very familiar with the market and the impact and devastation the “Great Recession” has had on our community.  I know this first hand.  I have seen my home tumble to less than half the amount we borrowed.  I want you to know I will work with you to get you through your financial crisis.  If you were looking for a bankruptcy lawyer in Port St. Lucie FL, look no further.

If you are facing a difficult financial situation and live in Stuart, Port St. Lucie, or Jupiter FL, and need a Bankruptcy Lawyer, please give my office a call to schedule a free appointment.

Interference with Business Relations

Interference with Business Relations

Interfering with an existing contractual relationship is a viable cause of action.  It is available when there is an existing contractual relationship exists between the injured party, the plaintiff, and a third party and the defendant, knowing this relationship, intentionally interferes with contractual relationship inducing a breach or a termination of the relationship or expectancy from that relationship which causes harm to the plaintiff.

This is the legal definition.  To pursue this cause of action, the plaintiff must be in a position to prove each allegation to support their claim.  That means breaking down each element and demonstrating the existence of a business relationship with the third party, showing that the defendant knew of the business relationship and intended to interfere with that relationship and as a result the plaintiff was actually damaged by that interference.

On its face this would not be difficult to demonstrate, but there are many very subtle issues which can make this cause of action difficult to allege and prove.  It takes a thoughtful and thorough analysis of the surrounding facts and an application of the law to support a tortious claim of Interference with Business Relations.

If you feel you have been damaged by someone or a business that has interfered with a business relationship between you and your client/customer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call at (772)463-7737 and schedule a free consultation.  I appreciate you visit to my website and look forward to meeting you.