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 +

Clearwater, Florida

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Clearwater Beach

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

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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

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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 +

Tax Refunds in Bankruptcy

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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 +

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 +

Domestic Support Obligations Bankruptcy

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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 +

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 +

Bankruptcy Exceptions to Discharge

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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 exceptions to Discharge are to be interpreted narrowly and the creditor carries the burden to prove every element of an exception to Discharge by a preponderance of the evidence. When Read More +

Copyrights in Bankruptcy

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COPYRIGHTS IN BANKRUPTCY

Under bankruptcy law, copyrights and patents are considered assets.  An author of a book who has copyrighted such book or a songwriter who has copyrighted his or her song or songs are considered under bankruptcy law, to possess an asset.  Depending upon the value of such an asset, a debtor may find such asset sold by the bankruptcy trustee in a Chapter 7 bankruptcy.  In a Chapter 13 bankruptcy, the bankruptcy trustee will want a determination of the value of the asset.  If such asset’s Read More +