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 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 +

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 suffer the liquidation of any of their assets. When one files Bankruptcy, whether it is a Chapter 7 Bankruptcy, or a Chapter 13 Bankruptcy, the filer or debtor, is permitted Read More +

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 of work and effort that each bankruptcy filing requires can vary depending upon the particular facts or circumstances of each case. Numerous factors determine whether an individual qualifies for either Read More +

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 are not only easily accessible to those living within those communities, but also convenient to those approaching our offices from neighboring locales. Our office in Clearwater is located on US Read More +

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, 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

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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

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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?

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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

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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?

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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 +