Lansing Roy, P.A.

Lansing Roy, P.A. Jacksonville based Lansing Roy, P.A. represents both individuals and businesses in all aspects of le

Contact us at 904-391-0030 to schedule a free, no obligation consultation with one of our attorneys to discuss your rights an options. Visit our main website at https://www.jacksonvillebankruptcy.com/ to read more about our Firm and services.

05/05/2023

Attorney William McDaniel has been recognized in Jacksonville Magazine’s Best Lawyers of 2023 edition! Unlike other publications where practitioners purchase advertisements disguised as awards, Jacksonville Magazine’s “Best Of” series is 100% based upon peer reviews, meaning that other local legal professionals have recognized William as one of the best lawyers in Jacksonville in the areas of bankruptcy, creditor/debtor rights, insolvency, and reorganization law. Congratulations William!

05/02/2022

The Taxman Cometh. Out of all the financial issues we assist clients with, none can be as overwhelming as owing back taxes. Additionally, both the IRS and state taxing authorities have collection powers that exceed the remedies a normal creditor (like a credit card) has at their disposal. While the IRS may be viewed as the boogeyman by some, it is better to engage and work with the IRS if you just turn on the lights and face them head on. Most horror stories regarding the IRS and their collection abilities only come after years of ignoring the problem and continued tax non-compliance. Additionally, depending on its age, you can even discharge unpaid incomes taxes in a bankruptcy. Whether you owe for one year of taxes or ten, it’s important to consult with a professional before the IRS “boogeyman” comes out from under the bed.

01/24/2022

Joint tax refunds are protected from the creditors of just one spouse. If you file joint taxes with your spouse, your tax refund cannot be taken to pay the debt of just one spouse. Citing Florida’s long history of recognizing tenancy by the entireties, or TBE, ownership of assets between spouses, the Bankruptcy Court of the Middle District of Florida reaffirmed that a joint tax refund was not property of the husband’s bankruptcy estate when no joint creditors existed between the husband and wife. In re Givans, No. 6:19-bk-01928-KSJ, Docket No.: 163 (Bankr. M.D. Fla. May 17, 2021). In addition to tax refunds, Florida recognizes TBE protections on other assets such as bank accounts, vehicles, and even real property. Whether or not a specific joint asset qualifies as TBE property requires a detailed analysis from an experienced attorney.

09/16/2021

The mortgage modification process: Death by paper.
If you are behind on your mortgage options exist in regards to modifying your loan with your existing lender to save your home and avoid foreclosure. However, most modification denials are not issued due to qualification issues, but rather for incomplete modification packages (missing documents, incorrectly completed forms, etc.). Most homeowners find the paperwork and underwriting process of a modification more demanding and involved than when they obtained their original loan. Consulting with an attorney regarding the modification process can help take the mystery and burden out of the modification process.

Congratulations to attorney William McDaniel for his recognition in the 28th Edition of The Best Lawyers in America in t...
08/19/2021

Congratulations to attorney William McDaniel for his recognition in the 28th Edition of The Best Lawyers in America in the practice areas of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. For over four decades, Best Lawyers has relied on the reviews of tens of thousands of leading lawyers across the country to confidentially nominate and vote on their peers for inclusion. Congratulations William!

08/17/2021

Living Wills, HIPPA Releases, Durable POAs and Designation of Healthcare Surrogates.

What happens in the event you are incapacitated? Who has the authority to make medical decisions for you? Who has the ability to access your accounts to make sure the bills are paid and your assets preserved while you recover? We all know our will or trust will dictate the administration of our assets after we pass, but you need the proper legal documents executed and ready to authorize a designated friend or family member access your finances and coordinate medical treatment on your behalf in the event you cannot do so yourself. This saves time and resources in an already stressful and time-sensitive situation.

07/21/2021

Retirement accounts are not for settling debts. Too many times we consult with clients after they have taken loans against or (worse) cashed out retirement accounts to pay or settle their debts. Under both Florida and Federal law, retirement funds (401Ks, IRAs, annuities, pensions…) are completely protected from your creditors. These funds are protected for a reason: to be sure you have resources beyond your working years. Other options exist if you are having trouble affording your monthly debt service. Consult with an experienced attorney before using any retirement funds to fully know your rights and options.

Congratulations to attorney Kevin Paysinger for being named in both Florida Trend’s Legal Elite and selected as a Thomps...
07/08/2021

Congratulations to attorney Kevin Paysinger for being named in both Florida Trend’s Legal Elite and selected as a Thompson Reuters Super Lawyer for 2021 in the practice areas of Bankruptcy and Creditor/Debtor Rights! What makes these selections special is that Kevin was nominated by his peers in the legal community, and only a small percentage of Florida attorneys (approximately 1.3% for Legal Elite and 5% for Super Lawyers) actually make the final cut. Congratulations Kevin!

07/06/2021

Do I need a will? Insert favorite lawyer answer of all time: “It depends.” Three main factors come into consideration when considering estate planning: (1) your assets, (2) your wishes for your beneficiaries, and (3) tax consequences. The most basic of these scenarios may not need a will, while the more complex may require both a will and a trust. Don’t just assume what you want to happen will happen without an enforceable estate plan in place.

06/28/2021

Foreclosure wave incoming? Due to the COVID-19 pandemic, federally backed mortgage loans have been under a foreclosure moratorium. Basically, if your mortgage is federally backed (as approximately 70% of all residential mortgages are) your mortgage company has been told not to push foreclosure against you due to the COVID-19 pandemic.

The current moratorium was just extended by one month to July 31st. Unfortunately, there is no current plan to extend it any further and given the short-term nature of the current extension (one month vs. a three month extension back in March) this may be the last extension under the program.

This backlog of foreclosure cases, coupled with the boom in the housing market and shortage of home supply, seems to be setting banks up to push foreclosures through quickly to capitalize on the current housing market and minimalize their losses. If you are behind on your mortgage, now is the time to consult with an attorney in regards to your options before the foreclosure flood gates open.

06/23/2021

Bankruptcy Court reduces mortgage company’s attorney fees by over $13,000.00. Finding that the mortgage company’s counsel was filing unnecessary motions designed to pressure the homeowner, the Bankruptcy Court of the Eastern District of Pennsylvania disallowed over $13,000.00 of the mortgage company’s claim (which the mortgage company was trying to get the homeowner to pay in order to keep their home) in a win for the homeowner. In re Peta, 2021 WL 608233 (Bankr. E.D. Pa., Feb. 10, 2021) (case no. 2:19-bk-13264).

The United States Bankruptcy Court system has taken multiple steps to make filing a bankruptcy and obtaining a discharge...
03/24/2020

The United States Bankruptcy Court system has taken multiple steps to make filing a bankruptcy and obtaining a discharge of debts safer for debtors during the current COVID-19 pandemic. Read today's blog to learn more. https://bit.ly/3dus1dQ

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1710 Shadowood Lane Ste 210
Jacksonville, FL
32207

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Monday 8:30am - 5:30pm
Tuesday 8:30am - 5:30pm
Wednesday 8:30am - 5:30pm
Thursday 8:30am - 5:30pm
Friday 8:30am - 5:30pm

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