Hurricane Irma and Bankruptcy

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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 +

Bankruptcy Assistance

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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

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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 +

Free Bankruptcy Consultation

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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 +

Internal Revenue Service Use of Private Collection Agencies

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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 +

Exception to Discharge in Bankruptcy for Intentional Torts

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EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS

Bankruptcy Code Section 523(a)(6) prevents a debtor from obtaining the discharge of any debt for “willful and malicious injury by the debtor to another entity or to the property of another entity”.  There are two prominent interpretations as to how this provision is to be construed.  The Ninth Circuit interpretation is that the debtor’s actions “must be accompanied by some form of tortious conduct which gives rise to the willful and malicious injury.”  The Fifth Circuit maintains that tortious conduct is not required and that Read More +

Do I Qualify for Bankruptcy Chapter 7?

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Do I qualify for Chapter 7 bankruptcy is one of the most common search terms by those investigating the possibility of filing for bankruptcy, as determined by the Google search engine.  In determining whether one is eligible to file a Chapter 7 bankruptcy, there are a number of criteria to consider. First, what is the income of the debtor?  If a debtor or debtors have median household income that significantly exceeds the amounts determined by the Department of Justice, as determined by the debtor or Read More +

How Do I File for Bankruptcy?

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HOW DO I FILE FOR BANKRUPTCY?

How do I file for bankruptcy is a common search term on Google and other search engines.  If one files either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, one may either represent oneself, pro se or enlist the services of a bankruptcy attorney or bankruptcy lawyer. Chapter 7 and Chapter 13 bankruptcy are the two most commonly filed forms of bankruptcy.  Currently, the filing fee for a Chapter 7 bankruptcy is $335.00 and the filing fee for a Chapter 13 bankruptcy is $310.00.  Read More +

Bankruptcy Lawyers for Low Income

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The search term bankruptcy lawyers for low income is one of the main selections one finds when typing in the keyword bankruptcy attorney or bankruptcy lawyer.  This suggests that a significant portion of those seeking a bankruptcy attorney or bankruptcy lawyer, either consider themselves of low income or are seeking representation in bankruptcy, but have constrained income. There are legal services that are specifically designed to assist those with low or no income.  Bay Area Legal Services often provides attorney representation to persons who are Read More +

Bankruptcy Attorney Fees

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Bill Putnee from Lakeland, Florida asks, what are the attorney fees or costs of hiring a bankruptcy attorney.  This is a common question asked by the persons contacting our office. Generally, most honest bankruptcy attorneys do not prefer to quote a definite attorney fee for bankruptcy representation without first meeting the prospective client.  The amount of work and effort that each bankruptcy filing requires can vary depending upon the particular facts or circumstances of each case. Numerous factors determine whether an individual qualifies for either Read More +