Treatment Of Auto Accident That Occurred After The Filing Of Bankruptcy

If a Debtor files Bankruptcy and following the filing of the Bankruptcy, the Debtor is in an auto accident, then how such accident is treated by the bankruptcy trustee depends heavily upon whether the Debtor filed a Chapter 7 or a Chapter 13 Bankruptcy. Bankruptcy Code Section 541(a) states that the commencement or filing of the bankruptcy case creates an estate. This is referred to as the bankruptcy estate. The bankruptcy estate, according to Bankruptcy Code Section 541(a)(1) consists of all legal and equitable interests Read More +

Issue Of Acreage Limitations In The Claim Of The Florida Homestead Exemptions In Federal Bankruptcy Proceedings

My name is Jay Weller, President of the Weller Legal Group PA. I am an attorney that represents Debtors in bankruptcy proceedings in the Middle District of Florida Bankruptcy Court, Tampa Division. For any Debtor with a Homestead, who wants to retain their Homestead, file Bankruptcy, and successfully claim the Florida Homestead Exemption, it is important such Debtor be aware of the acreage limitations imposed by such Exemption. In the State of Florida, its Homestead Exemption limits one Debtor to ½ acre of land if Read More +

Can Bankruptcy Stop An Eviction In Florida?

If you have filed for bankruptcy in Florida, there is an automatic stay that will protect you from eviction unless the landlord has acquired a judgment of possession before you have filed for bankruptcy. Judgment of possession and stay on eviction The judgment of possession is a final court order in the eviction proceeding. Or if the landlord has filed a motion with the court claiming that the tenant has caused damage to the property or has used illegal drugs on the property within the Read More +

Legal Versus Equitable Interests In Bankruptcy

When one files bankruptcy, a bankruptcy estate is created. The bankruptcy estate consists of all legal or equitable interests the debtor possesses in any property, at the time of the filing of the bankruptcy petition [See USC 541(a)(1)]. In bankruptcy, one may have a legal interest in property, or an equitable interest in property. A legal interest is represented by ownership in property that is generally more recognizable by law. If one buys an automobile and titles the automobile in his or her name, then Read More +

Factors That Impact Your Bankruptcy Case

Are you struggling to pay your bills? Do you find that you have fallen so far behind that you think you’ll never catch up? Maybe you’re drowning in a mountain of debt. While you may be struggling to keep your head above water financially, it doesn’t have to be this way. There are solutions available for you. One of the solutions you may wish to consider is bankruptcy. This type of insolvency is a welcome source of relief for many people today. There are a Read More +

How Bankruptcy Affects Evictions

There are a lot of bills that may pile up and cause you to be in debt. However, when you realize you’ve fallen behind on paying your rent you’re likely to find this to be more stressful than any of the other types of debt you may encounter. Unfortunately, COVID has caused many Americans to find themselves coping with the ongoing stressor of a looming eviction. In March the Census Bureau published a survey in which they discovered that around 20% of adults who were Read More +

What You Need To Know About Buying A Home After Bankruptcy

Even though we’re still in the midst of a pandemic, most people have at least one friend or family member who’s bought a home within the past year. In fact, the first few months of 2021 have reflected rapid growth when it comes to buying homes. This has been supercharged by the real estate market’s bidding wars at the end of 2020. Despite some people having issues because they made purchases quickly the market still hasn’t slowed down any. With all the talk about buying Read More +

Why You Should Consider Bankruptcy For Your Medical Debt

Unfortunately, there are millions of Americans who are struggling to pay their bills today because they’ve accumulated too much medical debt unexpectedly. Nobody can prevent major health issues from happening or predict when they will occur. When they do arise you simply need to figure out a way to get the treatment you need, even if it’s something you can’t afford. While this will help ensure that your medical issue will be resolved quickly it can leave you in a situation where things suddenly spiral Read More +

Negotiating Debt With Your Credit Card Company

Statistics show that the average person living in the state of Florida today has over $8,000 in credit card debt. This debt can quickly become unsustainable with how high-interest rates are. Therefore many people are wondering if they can negotiate with their creditors. Unfortunately, the answer is only “maybe” since companies differ in how willing they are to negotiate depending on how far behind in payments you’ve fallen. Know What Your Goals Are Before you pick up your phone to call the credit card agency Read More +

Bankruptcy Considerations For Small Business Owners

Chapter 7 liquidation use to be the only type of bankruptcy a small business could file for. If they wanted to remain in business they’d need to file for Chapter 11 protection and fill out a lot of paperwork. However, in 2019 Congress passed a Reorganization Act entitled Subchapter V. With Subchapter V bankruptcy is streamlined. A business will get a lot of benefits for filing Chapter 11 (e.g. the ability to restructure its loans). There also aren’t as many hoops there as exist for Read More +