Taxes And Tax Liens In Bankruptcy

WHEN TAXES MAY BE DISCHARGED IN BANKRUPTCY This article discusses the treatment of taxes due to the Internal Revenue Service (IRS). Income taxes due to the IRS may be dischargeable if such taxes meet five (5) criteria. 11 USC 507 and 523 hold that taxes are dischargeable in bankruptcy if: The tax return was due more than three (3) years before the filing of the bankruptcy petition. If the debtor, received an extension of time to file the tax return, the period of the extension Read More +

Hurricane Irma And Bankruptcy

By Jay Weller Natural disasters and hurricanes and bankruptcy filings within affected areas are intuitively correlative.  One would expect that the economic and property damage incurred by a hurricane, such as Hurricane Irma, that beset portions of Florida would have an impact on the number of subsequent bankruptcies filed within the affected regions. This article will discuss the validity of this purported relation between hurricanes, natural disasters and bankruptcy filings.  The article will also discuss possible remedies for those seeking to avoid the filing of Read More +

Solar Eclipse Of 2017 Moves West To East: Houston, We Have A Problem!!

SOLAR ECLIPSE DEFINED Wikipedia defines a solar eclipse as an occurrence when the Moon passes between the Earth and the Sun, which either partially or totally obscures the image of the Sun for an observer standing on the Earth.  A total solar eclipse happens when diameter of the Moon appears larger than the diameter of the Sun.  Such occurrence blocks all direct light from the Sun, effectively turning day into night.  One can only view a total solar eclipse along a narrow range when viewed Read More +

A Brief Introduction To Lakeland, Florida

LAKELAND, FLORIDA EARLY HISTORY The Paleo-Indians came to the area known as central Florida and what is today known as Lakeland, Florida around the time of the end of the last ice age, according to Wikipedia.  It is estimated that such pre Colombian cultures existed in the Lakeland area almost 12,000 years ago.  According to this source, the Indians came to this area because they were searching for hunting and game opportunities.  The Indians stayed and their communities grew. According to such sources, when the 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 +