Family or Household Size in Bankruptcy

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 what payment the debtor will make to the Chapter 13 trustee in a Chapter 13 bankruptcy. Among the many detriments to the rights of debtors through the administration of bankruptcy Read More +

Free Bankruptcy Consultation

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. Weller will generally meet with you personally, after speaking with you directly either through a phone call by you to our office or through our website, if you prefer. Mr. Read More +

Tax Refunds in Bankruptcy

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 seek to have the debtor turn over all or a portion of the debtor’s tax refund, to be applied towards the funding of the Chapter 13 plan. However, a tax Read More +

Domestic Support Obligations Bankruptcy

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) states that a domestic support obligation is not discharged in bankruptcy.  11 USC 101(15) furthermore states that monies owed “to a spouse, former spouse, or child of the debtor and Read More +

Bankruptcy Exceptions to Discharge

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 exceptions to Discharge are to be interpreted narrowly and the creditor carries the burden to prove every element of an exception to Discharge by a preponderance of the evidence. When Read More +

Copyrights in Bankruptcy

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 by the bankruptcy trustee in a Chapter 7 bankruptcy.  In a Chapter 13 bankruptcy, the bankruptcy trustee will want a determination of the value of the asset.  If such asset’s Read More +

Cosigner Liability on Student Loans, Chapter 13 Bankruptcy, and Negative Credit Remarks – Part Ii

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 made no additional payments on the student loan within the duration of the debtor’s Chapter 13 bankruptcy, the remaining balance on the student loan will be $10,000 together with additional Read More +

Cosigner Liability on Student Loans and Chapter 13 Bankruptcy – Part I

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 the funding of student loans is the primary cause of the outrageous costs of secondary education. A circular process occurs.  Student loans create the high price of a secondary education.  Read More +

How Do I File for Bankruptcy?

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 the two most commonly filed forms of bankruptcy.  Currently, the filing fee for a Chapter 7 bankruptcy is $335.00 and the filing fee for a Chapter 13 bankruptcy is $310.00.  Read More +

Bankruptcy Chapter 11

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 Code.  Chapter 7 Bankruptcy is a form of Bankruptcy wherein the Debtor usually seeks to Discharge unsecured debts, such as credit cards, medical bills, signature loans, and various other forms Read More +