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 +

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 +

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 Chapters of Bankruptcy. I suspect that the Documents required in other Jurisdictions are similar to those required in the Tampa Division for the Middle District of Florida. The Documents generally 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 +

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 two years of the Debtor filing Bankruptcy, (2) was to an Insider, and (3) the Debtor received less than Fair Market Value from the Transferee, in exchange for the Property Read More +

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 Bankruptcy Code discuss instances in which a Discharge may be Revoked. A Discharge in a Chapter 13 Bankruptcy generally provides that certain Claims are paid, or satisfied in full, through Read More +

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 Code must be passed by Congress, and also, with certain exceptions, the approval of the President. The Bankruptcy Laws in the United States, are partly a reflection of the Bankruptcy Read More +

Impending Bankruptcy of Solar Energy Company Sunedison

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THE LATEST INSTALLMENT IN THE SOLAR AND WIND ENERGY HOAX A SEC filing on behalf of SunEdison announced “due to SunEdison’s liquidity difficulties, there is a substantial risk that SunEdison will soon filed Bankruptcy.  SunEdison shares have declined more than 95% in the last 12 months, and its market value has fallen from $10 billion dollars in July, 2015 to about $400 million dollars in March, 2016. SunEdison’s illusory success appears to be primarily the result of massive federal government subsidies.   A report by Good Read More +