Determining Applicable Exemptions in Bankruptcy

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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 +

Florida Fraudulent Transfers

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Florida has a statutory provision, formally referred to as the Uniform Fraudulent Transfer Act. (726.101) Florida Statute 726.105 governs when transfers are considered fraudulent as to present and future creditors. These ELEMENTS must be present for a transfer to be considered fraudulent: TRANSFER made or OBLIGATION incurred by a DEBTOR CREDITORS claim can arise BEFORE or AFTER the obligation was incurred DEBTOR made TRANSFER with: ACTUAL INTENT to hinder, delay, or defraud any creditor of the debtor OR (CONSTRUCTIVE INTENT) DEBTOR did not receive REASONABLY Read More +

Bankruptcy Proof of Claims for Dummies

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Bankruptcy Rule 3002 governs primarily the deadlines surrounding when a Creditor must file a proof of claim under various Chapters of Bankruptcy. A Creditor that does not file a proof of claim, files such claim late, or has its claim disallowed, may find that it will be excluded from any distribution or dividend available through the liquidation of assets in a Chapter 7 Bankruptcy, or the payment to Creditors of monies in a Chapter 13 Bankruptcy. DAYS 70  Proof of claim is timely filed within Read More +

Bankruptcy Treatment of Private School Expenses

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INTRODUCTION Parents may seek to matriculate their minor children in private schools for various reasons, including religious purposes, lack of confidence in the available public schools, and alternatively, the belief that the available private school offers a better education than the pertinent public school. The question in arises, in Bankruptcy, as to whether the debtor may deduct his or her expenses related to the debtor’s child or children’s private school enrollment. The ability to deduct such expenses may determine whether the debtor is able to Read More +

Planning Bankruptcy Filing During Coronavirus Pandemic

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There is no denying the fact that coronavirus pandemic has rocked the U.S. economy badly and this has had a terrible effect on the bankruptcy filings. With an upsurge in unemployment and several businesses coming under financial pressure due to the spreading of the pandemic, it is only a matter of time before many businesses declare bankruptcy for handling their debts and make a new beginning as observed by many experts. More than 30 million people across America have become jobless and filed the jobless Read More +

Reasons to File Bankruptcy and Prior Considerations

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To file bankruptcy is an extreme measure. However, this action used in the right way and at the right time can save a lot of money for you and preserve your peace of mind. It also helps you get back on your feet economically. But filing bankruptcy can also be time-consuming and expensive and have an impact on your credit score. It can also have far-reaching effects on other areas of your life. Buying a new car can become difficult while getting a new home Read More +

Town N Country Florida Bankruptcy Attorney

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Those looking for a reputable Bankruptcy Attorney in the area of Town N Country, in Tampa, Florida, need look no farther. Weller Legal Group has been representing Debtors, and only Debtors, in Bankruptcy Proceedings since its founding in 1993. Jay Weller and Weller Legal Group have represented many thousands of Clients in Bankruptcy matters, including Chapter 13 Bankruptcy and Chapter 7 Bankruptcy. Bankruptcy may provide some advantages to a Debtor including the stoppage of Foreclosures, Wage Garnishments, Lawsuits, and Repossessions. Chapter 13 Bankruptcy may stop Read More +

Seffner Florida Bankruptcy Attorney

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For those in Seffner Florida our Bankruptcy Attorneys are available daily at our Tampa Office. Our Tampa Florida Office is located at 4100 West Kennedy Boulevard in Tampa, Florida. The Office is equidistant between the intersections of Dale Mabry Highway and Lois Avenue, on Kennedy Boulevard. The most prominent local landmark is Jimbo’s BBQ, which is across the street from the building wherein our Office is located. We also have Law Offices in Clearwater, Port Richey, and Lakeland, Florida. Weller Legal Group was founded in Read More +

Lutz Florida Bankruptcy Attorney

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If you live or work in Lutz, Florida and are seeking a Bankruptcy Attorney, then Weller Legal Group may be able to help. The Bankruptcy Attorneys and Paralegals at Weller Legal Group have knowledge and experience in most matters relating to Bankruptcy Law, including Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and Chapter 11 Bankruptcy. Chapter 7 Bankruptcy is commonly referred to as a Straight Bankruptcy or Straight Bankruptcy. In a Chapter 7 Bankruptcy, the Debtor is seeking to Discharge his or her Unsecured Debts. Discharge Read More +

Gibsonton Florida Bankruptcy Attorney

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Gibsonton Florida residents seeking a Bankruptcy Attorney need look no farther. Jay Weller has represented many Clients from Gibsonton Florida, Hillsborough County and the surrounding Counties, since he began the practice of Law in 1993. Mr. Weller has always represented Debtors and Debtors exclusively, in Bankruptcy Proceedings. At Weller Legal Group our whole practice is devoted to the representation of Debtors in Bankruptcy and Debt Related Matters. Our Bankruptcy Attorneys are equipped to represent Debtors in all areas relating to Bankruptcy including Chapter 11 Bankruptcy, Read More +