Category: Chapter 13

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…

FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 2
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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…

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…

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…

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…

WHAT IS BANKRUPTCY PROOF OF CLAIM?
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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…

I FILED BANKRUPTCY. WHEN CAN I FILE AGAIN?
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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…

BANKRUPTCY ATTORNEY QUESTION FROM LAKELAND, FLORIDA: WHO IS JAY WELLER?
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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…

DISMISS BANKRUPTCY AFTER FILING?
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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…

WHAT IS A CONFIRMATION HEARING IN A CHAPTER 13 BANKRUPTCY?
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Jennifer V from Palm Harbor, Florida, asked the Bankruptcy Attorney, What is a Confirmation Hearing in a Chapter 13 Bankruptcy. Here is a Video explaining the Confirmation Hearing and Process in a Chapter 13 Bankruptcy: Sections 1324 and 1325 of the Bankruptcy Code address the concept of a Confirmation Hearing in Chapter 13 Bankruptcy. Generally,…

WHAT IS A DISCHARGE IN A CHAPTER 13 BANKRUPTCY?
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Paul O from Port Richey, Florida asks, what is a Discharge in a Chapter 13 Bankruptcy. The following video explains what is a Discharge in a Chapter 13 Bankruptcy. Discharge in Chapter 13 is described in Section 1328 of the Bankruptcy Code. Section 1328(b) provides for a Hardship Discharge. Section 1328(e) and 1328(f) of the…











