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 +

Chapter 13 Bankruptcy Monthly Payments Based Upon Disposable Income

[NAME OF CLIENT], THE TWO MAIN FACTORS THAT CAN DETERMINE A DEBTOR OR DEBTORS’ MONTHLY CHAPTER 13 PAYMENTS, ARE THE DEBTORS’ ASSETS AND THE DEBTORS INCOME. DEBTOR OR DEBTORS’ ASSETS IN A CHAPTER 13 BANKRUPTCY, THE DEBTOR MUST PAY HIS OR HER UNSECURED CREDITORS AN AMOUNT EQUIVALENT TO WHAT SUCH UNSECURED CREDITORS WOULD RECEIVE IF THE DEBTOR FILED A CHAPTER 7 BANKRUPTCY. WHEN A DEBTOR FILES BANKRUPTCY, THE BANKRUPTCY ESTATE IS CREATED. THE BANKRUPTCY ESTATE INCLUDES ALL OF THE DEBTOR’S INTERESTS IN ANY PROPERTY. SUCH Read More +

Procedure For Debtor Or Debtors Seeking Sanctions Against A Creditor Or Other Party For Automatic Stay Violations

A WRITTEN STATEMENT SIGNED AND NOTARIZED BY THE DEBTOR OR DEBTORS EXPLAINING IN DETAIL THE ACTIONS BY THE CREDITOR OR OTHER PARTY. ANY OTHER INFORMATION THAT FURNISHES PROOF THAT THE CREDITOR ACTED IN A HARASSING MANNER, SUBSEQUENT TO THE FILING OF THE BANKRUPTCY, IN AN EFFORT TO COLLECT A DEBT CLAIMED BY THAT CREDITOR, OR OTHER PARTY, AGAINST THE DEBTOR OR DEBTORS. ANY WRITTEN STATEMENTS BY ANY PERSON OR PERSONS, WHO ARE WITNESS TO THE ACTIONS OF THE CREDITOR OR OTHER PARTY. ANY PHONE RECORDS, Read More +

Should You File For Bankruptcy After The Holidays Are Over?

It seems that the stress of the holidays is only amplified once they blow over and January rolls around and you see your credit card bills and other payments that need to be taken care of. Many individuals may assume that it’s best to file for bankruptcy right after the holidays are finished, but it is a bit more complex than one may think. Filing for bankruptcy after the holidays might be a huge error for some people, and could do more to hurt them Read More +

The Benefits Of Chapter 13 Bankruptcy For Businesses

Unfortunately as a business, you can’t file for protection under Chapter 13 bankruptcy unless you’re a sole proprietor who’s worried about losing your property. In this case, you’ll want a lawyer on your side who’s helped other small businesses analyze their options for bankruptcy. They can help you determine if a Chapter 7 liquidation is appropriate for you or if you should be pursuing a Chapter 13 instead. Sole Proprietors It’s important to understand who a sole proprietor is. According to the law, they’re someone Read More +

Tampa Bankruptcy Attorney Celebrates 27 Years Of Service In The Bankruptcy Court

Jay Weller, founder and President of Weller Legal Group has this year completed more than 27 years representing persons and small business in the Bankruptcy Court. Mr. Weller has devoted the majority of his professional legal career to the representation of Debtors, and Debtors only, in the Tampa Bankruptcy Court. Mr. Weller primarily represents clients in the filing of Chapter 13 Bankruptcy and Chapter 7 Bankruptcy. In the greater Tampa Bay area, Weller Legal Group has represented individuals and small businesses in many thousands of Read More +

Tampa Bankruptcy Attorney Explains Bankruptcy Options

If you are in debt, bankruptcy might present an option. Many today are struggling with mortgage and automobile payments, credit cards, and other debts. Due to mandatory and voluntary shutdowns of many small and larger businesses during this time of what is often referred to as the coronavirus pandemic, the economic toll has been dramatic. Chapter 7 Bankruptcy will often help relieve a Debtor of unsecured debt, such as credit cards, medical bills, signature loans, phone bills, and other such debt. Such debt is called Read More +

Tampa Area Residents Can Lower Automobile Payments Through Chapter 13 Bankruptcy

For Tampa area residents struggling with automobile payments, Chapter 13 Bankruptcy may offer some relief. A Debtor filing Chapter 13 Bankruptcy can employ numerous strategies to not only achieve a lower monthly automobile payment but in some cases, also the arrangement to pay only the true fair market value for his or her automobile. The Tampa Bankruptcy Court appears to hold the minority rule in the treatment of automobiles in Chapter 13 Bankruptcy. Every Bankruptcy Court in the United States will generally hold that if Read More +

Fear Of Medical Bankruptcy Among Americans

More than 50% of adults living in America are worried about their household facing a major health issue. They fear medical bankruptcy according to a study made by West Health and Gallup. The worst part of the problem is that this fear is increasing when compared to the last few years. During the last year alone this fear increased by 12% among adults aged between 18 to 29 and by 9% among people ages 30 and 49. Then there is the problem of unpaid bills. Read More +

Determining Applicable Exemptions In Bankruptcy

STEPS 1. Bankruptcy Code Section 522 states that in determining what Exemptions the Debtor shall apply, whether Federal or State Exemptions, one must refer to Bankruptcy Code Section 522(b)(3)(A). The applicable Bankruptcy Section states that the Domicile of the Debtor for the 730 days preceding the filing of the Bankruptcy Petition determines the applicable Exemption. Domicile is generally defined as the place where the Debtor intends to make his or her permanent home. 2. If the Debtor’s Domicile was not in a single State for Read More +