Category: Bankruptcy attorneys
ISSUE OF ACREAGE LIMITATIONS IN THE CLAIM OF THE FLORIDA HOMESTEAD EXEMPTIONS IN FEDERAL BANKRUPTCY PROCEEDINGS
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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…
LEGAL VERSUS EQUITABLE INTERESTS IN BANKRUPTCY
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When one files bankruptcy, a bankruptcy estate is created. The bankruptcy estate consists of all legal or equitable interests the debtor possesses in any property, at the time of the filing of the bankruptcy petition [See USC 541(a)(1)]. In bankruptcy, one may have a legal interest in property, or an equitable interest in property. A…
Sale Of Homestead And Other Assets In Bankruptcy
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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…
Factors That Impact Your Bankruptcy Case
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Are you struggling to pay your bills? Do you find that you have fallen so far behind that you think you’ll never catch up? Maybe you’re drowning in a mountain of debt. While you may be struggling to keep your head above water financially, it doesn’t have to be this way. There are solutions available…
TERMS OF BANKRUPTCY BILL ADDRESSING STUDENT LOANS
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A bill, currently in Committee before the Senate may permit many debtors encumbered with student loan debt to achieve a discharge of such debts through the process of bankruptcy. Currently, the primary avenue for the discharge of student loans in bankruptcy is through establishing such debts constitute an undue hardship. The bill, titled the “Fostering…
How Bankruptcy May Affect Your Job Prospects
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While bankruptcy is invaluable in that it offers you the opportunity to start over financially there are also some consequences that accompany it. One of the most important things you need to consider here is how your job opportunities, both now and in the future, will be affected. Can I be fired for filing for…
DISCHARGE OF STUDENT LOANS IN BANKRUPTCY PROPOSAL IN NEW BILL BEFORE CONGRESS
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A new bill being presented to Congress will permit the discharge of student loans in bankruptcy provided certain conditions are met. The bill, sponsored by Senator Richard Durbin and Senator John Cornyn, is titled the Fresh Start In Bankruptcy Act. Under the current bankruptcy laws, it is quite difficult to discharge a student loan in…
Middle District Of Florida New Rules And Procedures For Chapter 13 Trustees In Bankruptcy Cases
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Recently the Middle District of Florida’s Chapter 13 Trustees updated their expectations and rules of debtors and their counsel. From procedures in reference to tax returns to discouragements, there have been some new hurdles added to getting a bankruptcy confirmed. As a part of the new regulations, the Chapter 13 Trustees are requiring the last…
How Bankruptcy Affects Evictions
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There are a lot of bills that may pile up and cause you to be in debt. However, when you realize you’ve fallen behind on paying your rent you’re likely to find this to be more stressful than any of the other types of debt you may encounter. Unfortunately, COVID has caused many Americans to…
The 20-Year Controversy On Judicial Liens; When Does It End?
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Many, if not, most Bankruptcy Practitioners would tell you that by law, judgement liens can only encumber property for a 10-year period and receive a one-time extension of 10 more years. This would make the time a lien may last a maximum of 20 years. Fla. Stat. § 55.10(2). However, these people would be technically…
What You Need To Know About Buying A Home After Bankruptcy
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Even though we’re still in the midst of a pandemic, most people have at least one friend or family member who’s bought a home within the past year. In fact, the first few months of 2021 have reflected rapid growth when it comes to buying homes. This has been supercharged by the real estate market’s…
Contemplating Small Business Bankruptcy In Tampa, FL
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For a long period, there was just a single small business bankruptcy alternative available and that was chapter 7 liquidation. If these small businesses were keen on operations they had to file for their chapter 11 protections that had numerous paperwork necessities. Luckily congress stepped up to this plate and in 2019 passed Small Business…