Bankruptcy Information

For those seeking bankruptcy information, the website of Weller Legal Group is arguably the largest source of bankruptcy information in these United States.  This website, spanning well over one thousand pages, addresses every conceivable issue relating to bankruptcy and bankruptcy law. The main portion of the website contains information relating to Chapter 7, Chapter 13, Chapter 12, and Chapter 11 bankruptcy.  Some of our clients tell us that they have read every page of the website, which seems to be an almost impossible task.  This Read More +

Firearms, Guns, The Second Amendment And Bankruptcy – Part 4

In conclusion, Bankruptcy Code Section 522(f) permits the Debtor in Bankruptcy to Avoid a Non-possessory, Non-purchase Money Security Interest in Household Goods or Tools Of The Trade.   It also provides for the Avoidance of such Interest in Professionally Prescribed Health Aids, but such a provision has no applicability to Firearms. The Court’s tend to define a Household Goods, or Personal Property, according to the McGreevy Decision, as those items that are typically found in or around the home, and used by the Debtor or his Read More +

Firearms, Guns, The Second Amendment And Bankruptcy – Part 2

In the 111th Congress, legislation was passed in HR 5827 that provided a Federal Exemption in Bankruptcy for a Debtor’s interest in a “single rifle, shotgun or pistol, or any combination thereof”, provided the total value of such Firearms did not exceed $3000.  Such bill also contained a provision that Firearms could be included in the category of Household Goods, permitting the Debtor to avoid a Non-possessory, Nonpurchase Money Security Interest in Bankruptcy.  Similar legislation was also presented in the 112th Congress in a bill Read More +

How Much Does It Cost To File Bankruptcy?

PORT RICHEY, FLORIDA CLIENT ASKS BANKRUPTCY ATTORNEY Hillary C from Port Richey, Florida asks the Bankruptcy Attorney, How much does it cost to file Bankruptcy?  Thank you for your question.  Here is a Video we created in response to this query. At the writing of this Article, November 8, 2016, the filing fee charged by the US Bankruptcy Court, for a Chapter 7 Bankruptcy is $335 and for a Chapter 13 Bankruptcy the filing fee is $310.  In addition, most Debtors are also required to Read More +

Treatment Domestic Support Obligations In Bankruptcy

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 Bankruptcy, through any Distribution of Assets that may be available through the Liquidation of the Assets of the Debtor, that are not Exempt Assets.  Priority Debts must also be paid Read More +

What Is A Certificates For Domestic Support Obligation In Bankruptcy?

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 have attached the actual Form used by probably many Bankruptcy Attorneys: Click here to download the form. The standard Domestic Support Obligation Form used in Bankruptcy Proceedings, at least in Read More +

What Is Bankruptcy Proof Of Claim?

BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Eduardo from Executive Café & Deli in Clearwater, Florida, asks What is a Proof of Claim in Bankruptcy?  A Proof of Claim is a written Statement that notifies the Bankruptcy Court, The Bankruptcy Trustee, and the Debtor, that the Creditor intends to be eligible to receive a Distribution of monies from the Bankruptcy Estate.  In a Chapter 7 Bankruptcy, the Distribution of monies is through the Sale and Liquidation of Assets that the Bankruptcy Debtor owns that exceed the Read More +

I Filed Bankruptcy. When Can I File Again?

BANKRUPTCY ATTORNEY QUESTION FROM BRANDON FLORIDA Stuart Schnell of Brandon, Florida asks the Bankruptcy Attorney, If I previously filed Bankruptcy, may I file Bankruptcy again, and when may I file Bankruptcy again? Thank you for your question, Stuart. If you file Bankruptcy, you may generally file Bankruptcy again, depending upon primarily the amount of time that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy. HERE Read More +

Bankruptcy Attorney Question From Lakeland, Florida: Who Is Jay Weller?

Charles K Reed of Lakeland, Florida writes, who is Jay Weller? Jay Weller is an Attorney who primarily practices Bankruptcy Law. Mr. Weller graduated from the University at Buffalo in 1990 and from the University of Akron Law School in 1993. In Law School, the majority of Mr. Weller’s elective courses were in Bankruptcy Law or related to Bankruptcy Law, such as Secured Transactions. After graduation from Law School, Mr. Weller immediately moved to the Tampa Bay area and secured a position in a Law Read More +

Dismiss Bankruptcy After Filing?

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 +