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 monies from the Bankruptcy Estate.  In a Chapter 7 Bankruptcy, the Distribution of monies is through the Sale and Liquidation of Assets that the Bankruptcy Debtor owns that exceed the Read More +

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 that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy. HERE Read More +

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 or related to Bankruptcy Law, such as Secured Transactions. After graduation from Law School, Mr. Weller immediately moved to the Tampa Bay area and secured a position in a Law Read More +

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 Dismissed because an aggressive Chapter 7 Bankruptcy Trustee may be seeking to Seize or Liquidate Assets that the Chapter 7 Debtor possesses.  The Debtor, before filing Chapter 7 Bankruptcy may Read More +

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, the Confirmation Hearing is held between twenty to forty five days after the completion of the 341 Meeting of Creditors. The status and reverence bestowed upon the Confirmation Hearing has Read More +

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 Bankruptcy Code discuss instances in which a Discharge may be Revoked. A Discharge in a Chapter 13 Bankruptcy generally provides that certain Claims are paid, or satisfied in full, through Read More +