Firearms, Guns, the Second Amendment and Bankruptcy – Part 2

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FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY - PART 2

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 the category of Household Goods, permitting the Debtor to avoid a Non-possessory, Nonpurchase Money Security Interest in Bankruptcy.  Similar legislation was also presented in the 112th Congress in a bill Read More +

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 the US Bankruptcy Court, for a Chapter 7 Bankruptcy is $335 and for a Chapter 13 Bankruptcy the filing fee is $310.  In addition, most Debtors are also required to Read More +

What is Chapter 7 Bankruptcy

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BANKRUPTCY LAWYER QUESTION FROM ST PETERSBURG, FLORIDA What is a Chapter 7 Bankruptcy asks St Petersburg, Florida Resident Mr. O. Chapter 7 Bankruptcy is a Bankruptcy formed under Chapter 7 of the Bankruptcy Code. Generally, a Chapter 7 Bankruptcy is filed by a Debtor seeking to Discharge or eliminate Unsecured Debt, such as Credit Cards, Medical Bills, Deficiencies on Home or Automobile Loans, Signature Loans, and other Debts classified as Unsecured.   A Debt is Unsecured if it is not Secured by any form of Collateral. Read More +

Treatment of Attorney Fees From Divorce or Family Court Proceedings in Bankruptcy

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BANKRUPTCY ATTORNEY QUESTION FROM LAKELAND, FLORIDA Rabbi Levin, from Lakeland, Florida asks, how are Attorney Fees arising from Divorce or Family Court Proceedings, treated in Bankruptcy? Thank you for your question, Rabbi Levin, from Lakeland, Florida. In a Chapter 7 Bankruptcy, such Attorney Fees, are generally not Discharged or Dischargeable in Bankruptcy. In Re Johnson [Bankr. C.D. III, 2012], the Bankruptcy Court held that a Husband’s obligation to pay the Attorney Fees of his former Wife, pursuant to a Marital Settlement Agreement, was not eligible Read More +

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 Bankruptcy, through any Distribution of Assets that may be available through the Liquidation of the Assets of the Debtor, that are not Exempt Assets.  Priority Debts must also be paid Read More +

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 have attached the actual Form used by probably many Bankruptcy Attorneys: Click here to download the form. The standard Domestic Support Obligation Form used in Bankruptcy Proceedings, at least in 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 +

Chapter 7 Bankruptcy in 982 Words

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Chapter 7 Bankruptcy is so named because it is a form of Bankruptcy that is formed under Chapter 7 of the United States Bankruptcy Code.  The United States Congress gains its authority to create and change the Bankruptcy Laws through the specific grant of the United States Constitution.  Any revisions to the United States Bankruptcy Code must be passed by Congress, and also, with certain exceptions, the approval of the President. The Bankruptcy Laws in the United States, are partly a reflection of the Bankruptcy Read More +

Find A Reputable Bankruptcy Attorney

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SEEKING A GOOD BANKRUPTCY LAWYER FOR CLEARWATER, PORT RICHEY AND LAKELAND AREAS A Bankruptcy Attorney practicing Chapter 7, Chapter 13, and Chapter 11 Bankruptcy and serving Clearwater, Port Richey and Lakeland, Florida, Jay Weller and the Bankruptcy Lawyers at Weller Legal Group have been representing the Tampa Bay area in Bankruptcy and Debt Related Matters, since 1993. If you are looking for a reputable and highly rated Bankruptcy Attorney or Bankruptcy Lawyer and you live in the Clearwater, Port Richey and Lakeland communities or surrounding Read More +