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 +

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 +