Category: Bankruptcy Exceptions
Understanding Chapter 11 Bankruptcy Protection
—
by
In Tampa, FL, businesses often explore financial restructuring options when faced with mounting debt or operational challenges. One of the most widely used legal tools is Chapter 11, which allows companies to reorganize their finances while continuing operations. We work with business owners who want clarity on how this process functions and what it means…
How Long Does Bankruptcy Chapter 7 Last?
—
by
Filing for Chapter 7 bankruptcy can be a significant decision for individuals struggling with overwhelming debt. Understanding how long the process lasts is helpful for those considering this option. The timeline for Chapter 7 bankruptcy typically spans several months from start to finish, with the length varying based on individual circumstances. This article will summarize…
TREATMENT OF AUTO ACCIDENT THAT OCCURRED AFTER THE FILING OF BANKRUPTCY
—
by
If a Debtor files Bankruptcy and following the filing of the Bankruptcy, the Debtor is in an auto accident, then how such accident is treated by the bankruptcy trustee depends heavily upon whether the Debtor filed a Chapter 7 or a Chapter 13 Bankruptcy. Bankruptcy Code Section 541(a) states that the commencement or filing of…
ISSUE OF ACREAGE LIMITATIONS IN THE CLAIM OF THE FLORIDA HOMESTEAD EXEMPTIONS IN FEDERAL BANKRUPTCY PROCEEDINGS
—
by
My name is Jay Weller, President of the Weller Legal Group PA. I am an attorney that represents Debtors in bankruptcy proceedings in the Middle District of Florida Bankruptcy Court, Tampa Division. For any Debtor with a Homestead, who wants to retain their Homestead, file Bankruptcy, and successfully claim the Florida Homestead Exemption, it is…
Sale Of Homestead And Other Assets In Bankruptcy
—
by
Debtors in bankruptcy proceedings who desire to sell assets of significant value, whether those assets are considered exempt or not exempt, should obtain appropriate permission from the bankruptcy court before doing so. This advice includes the sale of the homestead in the State of Florida. If you contemplate the sale of homestead property, while in…
TAMPA BANKRUPTCY ATTORNEY EXPLAINS BANKRUPTCY OPTIONS
—
by
If you are in debt, bankruptcy might present an option. Many today are struggling with mortgage and automobile payments, credit cards, and other debts. Due to mandatory and voluntary shutdowns of many small and larger businesses during this time of what is often referred to as the coronavirus pandemic, the economic toll has been dramatic.…
DETERMINING APPLICABLE EXEMPTIONS IN BANKRUPTCY
—
by
STEPS 1. Bankruptcy Code Section 522 states that in determining what Exemptions the Debtor shall apply, whether Federal or State Exemptions, one must refer to Bankruptcy Code Section 522(b)(3)(A). The applicable Bankruptcy Section states that the Domicile of the Debtor for the 730 days preceding the filing of the Bankruptcy Petition determines the applicable Exemption.…
Bankruptcy Chapter 7 And 13
—
by
Chapter 7 and 13 bankruptcy is the most commonly filed forms of bankruptcy in the United States. Chapter 7 bankruptcy is often called a straight bankruptcy or a straight liquidation. For most of our clients who file Chapter 7 bankruptcy, however, there is no liquidation of their assets. For most forms of bankruptcy, including Chapter…
Should I File For Bankruptcy? – Reasons Why Bankruptcy May Be Right For You
—
by
The decision to file for bankruptcy is a tough one no matter how you cut it. Going through the bankruptcy process takes time and money. Once a petition is filed, a person’s entire financial situation is a matter of public record and open to others. The process will take an emotional toll on the filer…
Chapter 13 Bankruptcy Protection of Tax Refund the Matter of in Re Gibson
—
by
In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan.…
BANKRUPTCY EXCEPTIONS TO DISCHARGE
—
by
CREDIT CARDS, CHILD SUPPORT, ALIMONY, STUDENT LOANS, TAX DEBTS, INTENTIONAL TORTS, FRAUD Most debts are eligible for Discharge under the Bankruptcy Code. However, Bankruptcy Code Section 523 lists certain debts that are not discharged in Bankruptcy. Such debts, if unpaid will remain in existence after the completion and Discharge of a Chapter 7 Bankruptcy. These…