Exception to Discharge in Bankruptcy for Intentional Torts

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EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS

Bankruptcy Code Section 523(a)(6) prevents a debtor from obtaining the discharge of any debt for “willful and malicious injury by the debtor to another entity or to the property of another entity”.  There are two prominent interpretations as to how this provision is to be construed.  The Ninth Circuit interpretation is that the debtor’s actions “must be accompanied by some form of tortious conduct which gives rise to the willful and malicious injury.”  The Fifth Circuit maintains that tortious conduct is not required and that Read More +

Bankruptcy Exceptions to Discharge

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CREDIT CARDS, CHILD SUPPORT, ALIMONY, STUDENT LOANS, TAX DEBTS, INTENTIONAL TORTS, FRAUD Most debts are eligible for Discharge under the Bankruptcy Code.  However, Bankruptcy Code Section 523 lists certain debts that are not discharged in Bankruptcy.  Such debts, if unpaid will remain in existence after the completion and Discharge of a Chapter 7 Bankruptcy.  These exceptions to Discharge are to be interpreted narrowly and the creditor carries the burden to prove every element of an exception to Discharge by a preponderance of the evidence. When Read More +

Copyrights in Bankruptcy

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COPYRIGHTS IN BANKRUPTCY

Under bankruptcy law, copyrights and patents are considered assets.  An author of a book who has copyrighted such book or a songwriter who has copyrighted his or her song or songs are considered under bankruptcy law, to possess an asset.  Depending upon the value of such an asset, a debtor may find such asset sold by the bankruptcy trustee in a Chapter 7 bankruptcy.  In a Chapter 13 bankruptcy, the bankruptcy trustee will want a determination of the value of the asset.  If such asset’s Read More +

Do I Qualify for Bankruptcy Chapter 7?

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Do I qualify for Chapter 7 bankruptcy is one of the most common search terms by those investigating the possibility of filing for bankruptcy, as determined by the Google search engine.  In determining whether one is eligible to file a Chapter 7 bankruptcy, there are a number of criteria to consider. First, what is the income of the debtor?  If a debtor or debtors have median household income that significantly exceeds the amounts determined by the Department of Justice, as determined by the debtor or Read More +

How Do I File for Bankruptcy?

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HOW DO I FILE FOR BANKRUPTCY?

How do I file for bankruptcy is a common search term on Google and other search engines.  If one files either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, one may either represent oneself, pro se or enlist the services of a bankruptcy attorney or bankruptcy lawyer. Chapter 7 and Chapter 13 bankruptcy are the two most commonly filed forms of bankruptcy.  Currently, the filing fee for a Chapter 7 bankruptcy is $335.00 and the filing fee for a Chapter 13 bankruptcy is $310.00.  Read More +

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 +