Category: bankruptcy
TREATMENT DOMESTIC SUPPORT OBLIGATIONS IN BANKRUPTCY
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Domestic Support Obligations, sometimes referred to as DSO’s, are Classified as Priority Debts in Bankruptcy. Please refer to Bankruptcy Code Sections 11 USC 507(a)(1), 523(a)(5) and 523(a)(15). Priority Debts are generally paid first in a Chapter 13 Bankruptcy through the monthly payments the Debtor makes to the Chapter 13 Trustee, or through a Chapter 7…
HOW LONG CAN I KEEP MY AUTOMOBILE IF I SURRENDER IT IN BANKRUPTCY?
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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA How long can I keep my automobile or car if I intend to surrender it in Bankruptcy? Thank you to Mark Zadar of Clearwater, Florida for your question. This is a common question asked by the Clients that come to our offices. Sometimes, a person filing Bankruptcy will determine…
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…
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…
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,…
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…
TO FILE BANKRUPTCY WHAT DOCUMENTS ARE NEEDED?
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Paul O’Bier from Holiday, Florida asks, in order to file Bankruptcy, what documents are needed? Thank you, Mr. O’Bier from Holiday. In the Middle District of Florida, Tampa Division, the Documents needed to file Bankruptcy, and or those that are requested by the respective Chapter 7 and Chapter 13 Bankruptcy Trustees, are similar for both…
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…
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,…
JOHNNY B OF BRANDON, FLORIDA ASKS, WHAT IS A FRAUDULENT TRANSFER IN BANKRUPTCY?
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Thank you, John B of Brandon. Here is a Video we made on Fraudulent Transfers in Bankruptcy. Section 548 of the Bankruptcy Code addresses Fraudulent Transfers in Bankruptcy. Section 548(a)(1) states, for example, that the Bankruptcy Trustee may Avoid any Transfer of Property or other Interest by the Debtor, provided the Transfer was (1) within…
WHAT IS A DISCHARGE IN A CHAPTER 13 BANKRUPTCY?
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Paul O from Port Richey, Florida asks, what is a Discharge in a Chapter 13 Bankruptcy. The following video explains what is a Discharge in a Chapter 13 Bankruptcy. Discharge in Chapter 13 is described in Section 1328 of the Bankruptcy Code. Section 1328(b) provides for a Hardship Discharge. Section 1328(e) and 1328(f) of the…
Chapter 7 Bankruptcy In 982 Words
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Chapter 7 Bankruptcy is so named because it is a form of Bankruptcy that is formed under Chapter 7 of the United States Bankruptcy Code. The United States Congress gains its authority to create and change the Bankruptcy Laws through the specific grant of the United States Constitution. Any revisions to the United States Bankruptcy…