What is A Credit Counseling Certificate in Bankruptcy?

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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Ted Owen from Clearwater, Florida asks the Bankruptcy Attorney, What is a Credit Counseling Certificate as used in Bankruptcy?   The Credit Counseling Certificate is an invention of the 2005 Bankruptcy Act passed by Congress and signed by George W Bush. The Credit Counseling Certificate became a requirement for all those filing Bankruptcy.  With a few exceptions, any Individual seeking to file Bankruptcy must first procure a Credit Counseling Certificate.  The Credit Counseling Certificate basically certifies that the subject Individual Read More +

What is A Certificates for Domestic Support Obligation in Bankruptcy?

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BANKRUPTCY ATTORNEY QUESTION FROM PORT RICHEY, FLORIDA A man by the name of Chino, living in Port Richey, Florida asks the Bankruptcy Attorney, I received a paper titled Certificates for Domestic Support Obligation, and I am in a Chapter 13 Bankruptcy.  What does this mean?  Thank you, Chino of Port Richey, Florida.  To begin, I have attached the actual Form used by probably many Bankruptcy Attorneys: Click here to download the form. The standard Domestic Support Obligation Form used in Bankruptcy Proceedings, at least in Read More +

Do I Need A Credit Counseling Certificate in Order to File Bankruptcy?

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BANKRUPTCY QUESTION FROM BRANDON, FLORIDA Jose Pasquini from Brandon, Florida, asks, Do I need a Credit Counseling Certificate in order to file Bankruptcy.  Thank you, Jose Pasquini for your question. Section 109 of the Bankruptcy Code defines who may be a Debtor in Bankruptcy.  Bankruptcy Code Section 109 states that a Debtor may be a person that resides or has a domicile in the District, a place of Business, Property in the United States, or a Municipality.  Section 109 therefore, states that there are four Read More +

Who is Bankruptcy Attorney Jay Weller?

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PORT RICHEY, FLORIDA CLIENT QUESTION FOR THE BANKRUPTCY LAWYER Patrick O’Bier of Port Richey, Florida asks, Who is Jay Weller?  Jay Weller is a Bankruptcy Attorney who has been practicing Bankruptcy Law in the State of Florida, since 1993.  Jay Weller is admitted to practice Bankruptcy Law in the Middle District of Florida, Tampa Division, and in other Jurisdictions.  However, Jay Weller and his Law Firm, Weller Legal Group, PA, primarily serve Clients in the Middle District of Florida, Tampa Division. The Tampa Division is Read More +

I Filed Bankruptcy. When Can I File Again?

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BANKRUPTCY ATTORNEY QUESTION FROM BRANDON FLORIDA Stuart Schnell of Brandon, Florida asks the Bankruptcy Attorney, If I previously filed Bankruptcy, may I file Bankruptcy again, and when may I file Bankruptcy again? Thank you for your question, Stuart. If you file Bankruptcy, you may generally file Bankruptcy again, depending upon primarily the amount of time that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy. HERE Read More +

Can A Creditor or Other Interested Party, Object to Discharge of A Debt in Bankruptcy?

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ASK THE BANKRUPTCY ATTORNEY-BRANDON, FLORIDA CLIENT DANNY R Danny R of Brandon, Florida has a Question for the Bankruptcy Lawyer.  May a Creditor or other Interested Party Object to the Discharge of a particular Debt that was included in the Bankruptcy, and the Bankruptcy Discharge? The answer is Yes.  The operative Sections of the Bankruptcy Code that relate to whether certain Debts are Dischargeable in Bankruptcy are Section 523 and Section 727.  These are very important Sections of the Bankruptcy Code.  Any Bankruptcy Attorney, or Read More +

Bankruptcy Attorney Question From Lakeland, Florida: Who is Jay Weller?

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Charles K Reed of Lakeland, Florida writes, who is Jay Weller? Jay Weller is an Attorney who primarily practices Bankruptcy Law. Mr. Weller graduated from the University at Buffalo in 1990 and from the University of Akron Law School in 1993. In Law School, the majority of Mr. Weller’s elective courses were in Bankruptcy Law or related to Bankruptcy Law, such as Secured Transactions. After graduation from Law School, Mr. Weller immediately moved to the Tampa Bay area and secured a position in a Law Read More +

Dismiss Bankruptcy After Filing?

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Amy Z of Palm Harbor, asks, “Can a Bankruptcy be Dismissed after filing”?  Thank you Amy from Palm Harbor, Florida.  Generally, a Debtor can either Dismiss a Chapter 13 after Filing a Chapter 13 Bankruptcy. A Debtor may seek to Dismiss a Chapter 7 Bankruptcy after filing.  A Debtor may wish his Chapter 7 Bankruptcy Dismissed because an aggressive Chapter 7 Bankruptcy Trustee may be seeking to Seize or Liquidate Assets that the Chapter 7 Debtor possesses.  The Debtor, before filing Chapter 7 Bankruptcy may Read More +

What is A Confirmation Hearing in A Chapter 13 Bankruptcy?

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Jennifer V from Palm Harbor, Florida, asked the Bankruptcy Attorney, What is a Confirmation Hearing in a Chapter 13 Bankruptcy.  Here is a Video explaining the Confirmation Hearing and Process in a Chapter 13 Bankruptcy: Sections 1324 and 1325 of the Bankruptcy Code address the concept of a Confirmation Hearing in Chapter 13 Bankruptcy.  Generally, the Confirmation Hearing is held between twenty to forty five days after the completion of the 341 Meeting of Creditors. The status and reverence bestowed upon the Confirmation Hearing has Read More +

50 Cent Owes $855,091 to Mother of Child He Sired: G Units’s Bankruptcy Attorney Says, “oy, Vey!”

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According to the August 4, 2015 Wall Street Journal Article, Mr. Jackson owes domestic support obligations, in this instance, Child Support, to a former romantic attachment, named Daphne Narvaez. The child of Mr. Jackson and Ms. Narvaez is named Sire.  Sire was born in September of 2012. Numerous articles suggested that 50 Cent did not originally acknowledge his parentage of Sire.  Although the child’s birth certificate named the child, “Sire Jackson”, 50 Cent did not sign the birth certificate.  However, subsequent postings of photographs of Read More +