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    Category: Chapter 13

    • TAX REFUNDS IN BANKRUPTCY

      TAX REFUNDS IN BANKRUPTCY

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      The treatment of tax refunds is a popular issue in bankruptcy.  Income tax refunds are commonly considered to be part of the bankruptcy estate.  Therefore, if a debtor files Chapter 7 bankruptcy, the trustee may attempt to seize all or a portion of the debtor’s tax refund.  In a Chapter 13 bankruptcy, the trustee may…

    • DOMESTIC SUPPORT OBLIGATIONS BANKRUPTCY

      DOMESTIC SUPPORT OBLIGATIONS BANKRUPTCY

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      Another important exception to bankruptcy is domestic support obligations.  Domestic support obligations are not discharged in bankruptcy and are therefore referred to as an exception to bankruptcy.  Intentional torts are another exception to bankruptcy and were discussed in our prior article. Domestic support obligations are defined by federal and not state law.  11 USC 101(5)…

    • BANKRUPTCY EXCEPTIONS TO DISCHARGE

      BANKRUPTCY EXCEPTIONS TO DISCHARGE

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      CREDIT CARDS, CHILD SUPPORT, ALIMONY, STUDENT LOANS, TAX DEBTS, INTENTIONAL TORTS, FRAUD Most debts are eligible for Discharge under the Bankruptcy Code.  However, Bankruptcy Code Section 523 lists certain debts that are not discharged in Bankruptcy.  Such debts, if unpaid will remain in existence after the completion and Discharge of a Chapter 7 Bankruptcy.  These…

    • COPYRIGHTS IN BANKRUPTCY

      COPYRIGHTS IN BANKRUPTCY

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      Under bankruptcy law, copyrights and patents are considered assets.  An author of a book who has copyrighted such book or a songwriter who has copyrighted his or her song or songs are considered under bankruptcy law, to possess an asset.  Depending upon the value of such an asset, a debtor may find such asset sold…

    • COSIGNER LIABILITY ON STUDENT LOANS, CHAPTER 13 BANKRUPTCY, AND NEGATIVE CREDIT REMARKS – Part II

      COSIGNER LIABILITY ON STUDENT LOANS, CHAPTER 13 BANKRUPTCY, AND NEGATIVE CREDIT REMARKS – Part II

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      When the cosigner of a student loan files Chapter 13 bankruptcy such debtor will often offer to pay a portion of the student loan through the Chapter 13 plan.  In the example posed in Part I, the debtor offered to pay 50% of the student loan through the Chapter 13 plan.  Assuming the borrower has…

    • COSIGNER LIABILITY ON STUDENT LOANS AND CHAPTER 13 BANKRUPTCY – PART I

      COSIGNER LIABILITY ON STUDENT LOANS AND CHAPTER 13 BANKRUPTCY – PART I

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      It is increasingly difficult for those who wish to earn a college degree to finance such education without incurring student loans.  The introduction and proliferation of student loans as a mechanism for the funding of students’ secondary education is in fact, the primary mechanism for the rapidly escalating costs of such pursuits.  Government involvement in…

    • HOW DO I FILE FOR BANKRUPTCY?

      HOW DO I FILE FOR BANKRUPTCY?

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      How do I file for bankruptcy is a common search term on Google and other search engines.  If one files either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, one may either represent oneself, pro se or enlist the services of a bankruptcy attorney or bankruptcy lawyer. Chapter 7 and Chapter 13 bankruptcy are…

    • BANKRUPTCY CHAPTER 11

      BANKRUPTCY CHAPTER 11

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      From Clearwater, Florida comes a question from John J.  What is Chapter 11 Bankruptcy?  I have a small business, wish to retain my business, and either discharge or reorganize my personal and business debts.  Should I file a Chapter 11 Bankruptcy in order to accomplish these goals? There are numerous Chapters available under the Bankruptcy…

    • CHAPTER 7 BANKRUPTCY

      CHAPTER 7 BANKRUPTCY

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      John F from Port Richey, Florida, asks Chapter 7 Bankruptcy, please explain.  Chapter 7 Bankruptcy is a type of Bankruptcy that is organized under Chapter 7 of the Bankruptcy Code.  Chapter 7 Bankruptcy is sometimes called a Straight Bankruptcy or Straight Liquidation.  However, the majority of our clients who file Chapter 7 Bankruptcy do not…

    • Bankruptcy Attorney Fees

      Bankruptcy Attorney Fees

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      Bill Putnee from Lakeland, Florida asks, what are the attorney fees or costs of hiring a bankruptcy attorney.  This is a common question asked by the persons contacting our office. Generally, most honest bankruptcy attorneys do not prefer to quote a definite attorney fee for bankruptcy representation without first meeting the prospective client.  The amount…

    • Bankruptcy Lawyers Near Me

      Bankruptcy Lawyers Near Me

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      Bankruptcy lawyers near me is one of the more commonly used search terms for those seeking a bankruptcy attorney.  Our offices are generally located conveniently to those seeking a bankruptcy attorney or lawyer.  Weller Legal Group has offices in Clearwater, Port Richey, Brandon and Lakeland, Florida.  Each of the offices are located in areas that…

    • BANKRUPTCY INFORMATION

      BANKRUPTCY INFORMATION

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      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,…