A Brief Introduction To Lakeland, Florida

Lakeland, the largest city in Polk County, is home to the largest one-site collection of Frank Lloyd Wright architecture in the world at Florida Southern College. Lakeland has also been used as the filming location for Hollywood blockbuster hits, such as The Waterboy, and Edward Scissorhands. U.S. News ranked Lakeland, Florida as the 64th best metro area in the United States to live. In addition, Lakeland is also the home of the Detroit Tigers’ Spring Training facility, the Circle B Bar Reserve, and Safari Wilderness. Read More +

Bankruptcy Assistance

Bankruptcy assistance and representation in Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and most avenues to address issues with debt, are available here at Weller Legal Group PA.  Weller Legal Group provides assistance in primarily Bankruptcy representation of debtors.  However, we offer programs to address debt outside of Bankruptcy, including Credit Counseling, Debt Settlements, Foreclosure Defense, and Credit Repair. Jay Weller founded Weller Legal Group in 1993 and quickly grew to seven offices throughout Florida, including Miami, Orlando, Tampa, Lakeland, Clearwater, Bradenton/Sarasota, and Port Richey, Florida.  Read More +

Family Or Household Size In Bankruptcy

The bankruptcy code does not contain a definition of family or household size.  Under the 2005 Bankruptcy Abuse and Consumer Protection Act, Congress provided for the US Trustee Program or office, the authority to administer and enforce the means test which determines whether a debtor may qualify to file a Chapter 7 bankruptcy and determines what payment the debtor will make to the Chapter 13 trustee in a Chapter 13 bankruptcy. Among the many detriments to the rights of debtors through the administration of bankruptcy Read More +

Clearwater, Florida

EARLY HISTORY According to Wikipedia, one of the early tribes that resided in the area now known as Clearwater, Florida, was the Tocobaga peoples. In the early history of the area now referred to as Clearwater, Florida, there were clear springs that led from the banks of Clearwater into the bay.  These springs no longer exist.  The banks were located upon the high bluffs where is now located city hall and downtown Clearwater.  The early settlers referred to Clearwater as Clearwater Harbor, ostensibly because of Read More +

Bankruptcy Chapter 7 Discharge

In Chapter 7 Bankruptcy the Discharge is governed by Bankruptcy Code Section 11 USC 727.  Any debtor who files Chapter 7 Bankruptcy is eligible for the Chapter 7 Bankruptcy Discharge provided the debtor meets certain qualifications, and follows the required procedures in the Chapter 7 Bankruptcy. A Corporation is not eligible for Discharge in Chapter 7 Bankruptcy.  However, there are some advantages for a Corporation in filing Chapter 7 Bankruptcy. Besides a Corporation, an Individual may file Chapter 7 Bankruptcy.  An Individual is eligible for Read More +

Free Bankruptcy Consultation

Free bankruptcy consultations are offered by Mr. Jay Weller at Weller Legal Group PA.  Mr. Weller has practiced almost exclusively bankruptcy law beginning in 1993, with a concentration in the representation of debtors in Chapter 13 bankruptcy and Chapter 7 Bankruptcy. The consultation with the Bankruptcy Attorney is free and without charge, or obligation.  Mr. Weller will generally meet with you personally, after speaking with you directly either through a phone call by you to our office or through our website, if you prefer. Mr. Read More +

Tax Refunds In Bankruptcy

The treatment of tax refunds is a popular issue in bankruptcy.  Income tax refunds are commonly considered to be part of the bankruptcy estate.  Therefore, if a debtor files Chapter 7 bankruptcy, the trustee may attempt to seize all or a portion of the debtor’s tax refund.  In a Chapter 13 bankruptcy, the trustee may seek to have the debtor turn over all or a portion of the debtor’s tax refund, to be applied towards the funding of the Chapter 13 plan. However, a tax Read More +

Doctor David Dao

On April 9, 2017, Dr David Dao became known nationally and internationally as the “Chinese” doctor who was forcefully removed from a United Airlines flight 3411 departing Chicago, Illinois for Louisville, Kentucky.  There are a number of strange occurrences relating to the story of Mr. Dao and his removal, not the least of which is Mr. Dao, himself. According to records and documents assembled by the Kentucky Board of Medical Licensure, Mr. Dao was arrested in 2003, subsequent to an undercover investigation.  The Board determined Read More +

Internal Revenue Service Use Of Private Collection Agencies

In December of 2015, Congress passed a transportation bill entitled Fixing America’s Surface Transportation Act, and included in the Act was a provision requiring the Internal Revenue Service (IRS) to use private collection agencies for the collection of certain outstanding tax debts.  The Act provides that the private collection agencies will only prosecute select accounts where the tax debt has been removed from the IRS inventory due to a lack of resources or an inability to find the taxpayer, more than one-third of the limitation Read More +

Domestic Support Obligations Bankruptcy

Another important exception to bankruptcy is domestic support obligations.  Domestic support obligations are not discharged in bankruptcy and are therefore referred to as an exception to bankruptcy.  Intentional torts are another exception to bankruptcy and were discussed in our prior article. Domestic support obligations are defined by federal and not state law.  11 USC 101(5) states that a domestic support obligation is not discharged in bankruptcy.  11 USC 101(15) furthermore states that monies owed “to a spouse, former spouse, or child of the debtor and Read More +