Yes Virginia-student Loans Can Be Discharged in Bankruptcy (part 3)

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WITH STUDENT LOANS IN BANKRUPTCY, THE FACTS DETERMINE THE LAW PART THREE OF THREE By Jay Weller Please refer to Parts One and Two of our Blog Series on the Discharge of Student Loans in Bankruptcy, for context and understanding. Many Articles found in the mainstream media references Student Loans in Bankruptcy decry the difficulty of Discharging such Student Loans.  However, in reality, many Student Loans can be Discharged in Bankruptcy, but the Debtors do not seek such relief that they may be eligible. A Read More +

Yes Virginia-student Loans Can Be Discharged in Bankruptcy (part 2)

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WITH DISCHARGE OF STUDENT LOANS IN BANKRUPTCY THE FACTS DETERMINE THE LAW PART TWO OF THREE PARTS By Jay Weller This is our Second Part in our Blog Article regarding the Discharge of Student Loans in Bankruptcy.  Please refer to Part One for context and understanding. The Cases of Tetzlaff and Conway teach us some valuable lessons in terms of when a Student Loan may be Discharged in Bankruptcy.  One such lesson is that in Legal Matters, the Facts often determine the Law.  Mr. Tetzlaff Read More +

Yes Virginia-student Loans Can Be Discharged in Bankruptcy

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WITH DISCHARGE OF STUDENT LOANS IN BANKRUPTCY THE FACTS DETERMINE THE LAW PART ONE OF THREE PARTS By Jay Weller The mainstream media is reporting on a recent case pertaining to the Discharge of Student Loans in Bankruptcy, in which the Supreme Court elected to not hear on Appeal, as an indicator that Student Loans will remain essentially impossible to Discharge in Bankruptcy.  This reporting is misleading regarding the availability to Discharge Student Loans in Bankruptcy. For example, The Wall Street Journal Articles first sentence Read More +

Find A Reputable Bankruptcy Attorney

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SEEKING A GOOD BANKRUPTCY LAWYER FOR CLEARWATER, PORT RICHEY AND LAKELAND AREAS A Bankruptcy Attorney practicing Chapter 7, Chapter 13, and Chapter 11 Bankruptcy and serving Clearwater, Port Richey and Lakeland, Florida, Jay Weller and the Bankruptcy Lawyers at Weller Legal Group have been representing the Tampa Bay area in Bankruptcy and Debt Related Matters, since 1993. If you are looking for a reputable and highly rated Bankruptcy Attorney or Bankruptcy Lawyer and you live in the Clearwater, Port Richey and Lakeland communities or surrounding Read More +

the Diminishing Availability of Class Action Lawsuits As A Consumer Remedy

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Jay Weller is a Bankruptcy Attorney serving primarily the Tampa area, including Clearwater, Port Richey and Lakeland, Florida. The Bankruptcy Lawyers at Weller Legal Group and Mr. Weller are available to help anyone in the Tampa Bay area confronted with issues relating to Debt, or matters related to Bankruptcy Law and the filing and prosecution of a Bankruptcy. A recent article in the New York Times, dated November 1, 2015, outlines a growing trend in the United States to limit the availability of Class Action Read More +

Debt is Slavery

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In 2005, Congress passed the Bankruptcy And Consumer Protection Act, a Orwellian named reformation of the Bankruptcy Laws. The passage of the BACPA reflected a narrative that Debtors in their use of the existing Bankruptcy Laws were abusing the system of Credit and Debt. The newspapers and mass media sources were replete with narratives of how a rich scoundrel bought a house in Florida, for example, in order to file Bankruptcy, or otherwise escape his Creditors. Remember, OJ Simpson? The 2005 Bankruptcy Act took a Read More +

Bankruptcy Attorney William Brumby, an Introduction

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Will Brumby is a Bankruptcy Attorney at Weller Legal Group and is the Head Litigator at our Law Office. Will Brumby has been a Bankruptcy Attorney and Foreclosure Defense Attorney, since his graduation from Law School. He is very personable and happily will discuss all aspects of Bankruptcy Law, including Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. He is also very knowledgeable in matters other than Bankruptcy that relate to Debt, including Foreclosure Defense, Credit Repair, Credit Counseling, Settlements, including Settlements with the Internal Revenue Read More +

Your Florida Bankruptcy Attorney

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The Bankruptcy Attorneys and Paralegals at Weller Legal Group serve the communities of Clearwater, Port Richey and Lakeland, and the sistering Cities to these population hubs. Since 1993, Jay Weller and the Bankruptcy Attorneys at Weller Legal Group have been practicing primarily Bankruptcy Law. Weller Legal Group does offer Legal Services in areas other than Bankruptcy Law, but related to helping persons in Debt. These areas include Foreclosure Defense, Loan Modifications, Credit Repair, Settlements, and Credit Counseling. However, the majority of the practice of the Read More +

Bankruptcy and Student Loans

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Before Bill Clinton became President, Student Loans were Dischargeable in Bankruptcy provided that the Student Loan was over seven years old, absent any deferrals.  Congress, with Clinton’s cooperation, removed the seven year rule. In 2005, Congress and George W Bush, enacted new Bankruptcy Legislation that provided that almost no Student Loans can be Discharged in Bankruptcy.  One of the few ways that a bankruptcy attorney can provide for a Student Loan to be Discharged in Bankruptcy is if he or she can successfully convince a Read More +

Can the United States of America File Bankruptcy

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The total Debt acquired by the Federal Government in Washington, DC, is approaching Twenty Trillion Dollars. The question becomes, with the Federal Government in Debt to a degree that could never be repaid, can the United States of America file Bankruptcy? The Bankruptcy Code provides for many forms of Entities, the opportunity to file Bankruptcy. A Chapter 7 Bankruptcy may be filed by a Corporation or an Individual. A Chapter 13 Bankruptcy can be filed by an Individual but not a Corporation. A Chapter 11 Read More +