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    Category: Chapter 13

    • PUERTO RICO & BANKRUPTCY

      PUERTO RICO & BANKRUPTCY

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      The island of Puerto Rico is officially a Commonwealth of the United States. Puerto Ricans are citizens of the United States who share many of the same rights and benefits of their fellow citizens living on the mainland. Until February, 1898, Puerto Rico had been under the colonial rule of Spain for centuries. In that…

    • Home Owners’ Association Dues in Bankruptcy

      Home Owners’ Association Dues in Bankruptcy

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      Homeowners’ Associations are a fact in Florida, from the Deed-Restricted Communities to the Condominium Associations and Co-ops, many Floridians pay Monthly, Quarterly or Yearly Assessments to enjoy the benefits of architectural uniformity, common grounds maintenance and security. Adhering to community standards in turn helps maintain the appeal of the development, thereby increasing property values, and…

    • BANKRUPTCY, LAYOFFS AND LIKELY SALE – THE “FATE” OF A PULITZER PRIZE-WINNING NEWSPAPER

      BANKRUPTCY, LAYOFFS AND LIKELY SALE – THE “FATE” OF A PULITZER PRIZE-WINNING NEWSPAPER

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      One of West Virginia’s oldest newspapers, the Charleston Gazette-Mail announced on Monday, January 29, 2018, that a Chapter 11 Bankruptcy filing “is imminent”. The actual filing of bankruptcy pleadings has not been confirmed. Informed sources say the plan was to file the requisite Chapter 11 bankruptcy paperwork on Tuesday, January, 30th.If a Chapter 11 filing…

    • Chapter 13 Bankruptcy Protection of Tax Refund the Matter of in Re Gibson

      Chapter 13 Bankruptcy Protection of Tax Refund the Matter of in Re Gibson

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      In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan.…

    • Valuation of Assets in Bankruptcy

      Valuation of Assets in Bankruptcy

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      Valuation of property or assets in bankruptcy is an important element of any bankruptcy, including Chapter 7 and Chapter 13 bankruptcy. The proper standard of valuation has been the subject of considerable debate and litigation. Some of the controversy surrounding valuation of assets in bankruptcy has been ameliorated by the passage of the 2005 Bankruptcy…

    • Bankruptcy Waiting Periods

      Bankruptcy Waiting Periods

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      CHAPTERS WAITING PERIOD 7 TO 7 8 YEARS FROM PREVIOUS FILING 13 TO 13 2 YEARS FROM PREVIOUS FILING (CASE MUST BE CLOSED) 7 TO 13 4 YEARS FROM PREVIOUS FILING 13 TO 7 6 YEARS FROM PREVIOUS FILING UNLESS 100% OF THE UNSECURED WERE PAID IN THE PRIOR CHAPTER 13 OR AT LEAST 70%…

    • CHAPTER 7 BANKRUPTCY TREATMENT OF SECURED PROPERTY

      CHAPTER 7 BANKRUPTCY TREATMENT OF SECURED PROPERTY

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      STATEMENT OF INTENTIONS IN BANKRUPTCY In a Chapter 7 bankruptcy, the debtor must complete and sign a form called the Statement of Intentions. The Statement of Intentions indicates which of the available options the debtor chooses towards his or her secured property. The primary examples of secured property are an automobile loan or a mortgage…

    • Taxes and tax liens in bankruptcy

      Taxes and tax liens in bankruptcy

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      WHEN TAXES MAY BE DISCHARGED IN BANKRUPTCY This article discusses the treatment of taxes due to the Internal Revenue Service (IRS). Income taxes due to the IRS may be dischargeable if such taxes meet five (5) criteria. 11 USC 507 and 523 hold that taxes are dischargeable in bankruptcy if: If the debtor, received an…

    • Hurricane Irma And Bankruptcy

      Hurricane Irma And Bankruptcy

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      By Jay Weller Natural disasters and hurricanes and bankruptcy filings within affected areas are intuitively correlative.  One would expect that the economic and property damage incurred by a hurricane, such as Hurricane Irma, that beset portions of Florida would have an impact on the number of subsequent bankruptcies filed within the affected regions. This article…

    • BANKRUPTCY ASSISTANCE

      BANKRUPTCY ASSISTANCE

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      Bankruptcy assistance and representation in Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and most avenues to address issues with debt, are available here at Weller Legal Group PA.  Weller Legal Group provides assistance in primarily Bankruptcy representation of debtors.  However, we offer programs to address debt outside of Bankruptcy, including Credit Counseling, Debt Settlements, Foreclosure Defense,…

    • FAMILY OR HOUSEHOLD SIZE IN BANKRUPTCY

      FAMILY OR HOUSEHOLD SIZE IN BANKRUPTCY

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      The bankruptcy code does not contain a definition of family or household size.  Under the 2005 Bankruptcy Abuse and Consumer Protection Act, Congress provided for the US Trustee Program or office, the authority to administer and enforce the means test which determines whether a debtor may qualify to file a Chapter 7 bankruptcy and determines…

    • FREE BANKRUPTCY CONSULTATION

      FREE BANKRUPTCY CONSULTATION

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      Free bankruptcy consultations are offered by Mr. Jay Weller at Weller Legal Group PA.  Mr. Weller has practiced almost exclusively bankruptcy law beginning in 1993, with a concentration in the representation of debtors in Chapter 13 bankruptcy and Chapter 7 Bankruptcy. The consultation with the Bankruptcy Attorney is free and without charge, or obligation.  Mr.…