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    Category: Filing For Bankruptcy

    • ISSUE OF ACREAGE LIMITATIONS IN THE CLAIM OF THE FLORIDA HOMESTEAD EXEMPTIONS IN FEDERAL BANKRUPTCY PROCEEDINGS

      ISSUE OF ACREAGE LIMITATIONS IN THE CLAIM OF THE FLORIDA HOMESTEAD EXEMPTIONS IN FEDERAL BANKRUPTCY PROCEEDINGS

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      My name is Jay Weller, President of the Weller Legal Group PA. I am an attorney that represents Debtors in bankruptcy proceedings in the Middle District of Florida Bankruptcy Court, Tampa Division. For any Debtor with a Homestead, who wants to retain their Homestead, file Bankruptcy, and successfully claim the Florida Homestead Exemption, it is…

    • Can Bankruptcy Stop An Eviction In Florida?

      Can Bankruptcy Stop An Eviction In Florida?

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      If you have filed for bankruptcy in Florida, there is an automatic stay that will protect you from eviction unless the landlord has acquired a judgment of possession before you have filed for bankruptcy. Judgment of possession and stay on eviction The judgment of possession is a final court order in the eviction proceeding. Or…

    • LEGAL VERSUS EQUITABLE INTERESTS IN BANKRUPTCY

      LEGAL VERSUS EQUITABLE INTERESTS IN BANKRUPTCY

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      When one files bankruptcy, a bankruptcy estate is created. The bankruptcy estate consists of all legal or equitable interests the debtor possesses in any property, at the time of the filing of the bankruptcy petition [See USC 541(a)(1)]. In bankruptcy, one may have a legal interest in property, or an equitable interest in property. A…

    • Sale Of Homestead And Other Assets In Bankruptcy

      Sale Of Homestead And Other Assets In Bankruptcy

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      Debtors in bankruptcy proceedings who desire to sell assets of significant value, whether those assets are considered exempt or not exempt, should obtain appropriate permission from the bankruptcy court before doing so. This advice includes the sale of the homestead in the State of Florida. If you contemplate the sale of homestead property, while in…

    • Factors That Impact Your Bankruptcy Case

      Factors That Impact Your Bankruptcy Case

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      Are you struggling to pay your bills? Do you find that you have fallen so far behind that you think you’ll never catch up? Maybe you’re drowning in a mountain of debt. While you may be struggling to keep your head above water financially, it doesn’t have to be this way. There are solutions available…

    • RECENT EXECUTIVE ORDERS REGARDING STUDENT LOANS

      RECENT EXECUTIVE ORDERS REGARDING STUDENT LOANS

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      President Biden has signed numerous executive orders recently related to student loan forgiveness. The Borrower Defense to Repayment Program, according to a recent article published in Forbes, will allow forgiveness to certain student loan recipients who were defrauded by the colleges or institutions in which they enrolled. This program was enacted by executive order in…

    • How Bankruptcy May Affect Your Job Prospects

      How Bankruptcy May Affect Your Job Prospects

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      While bankruptcy is invaluable in that it offers you the opportunity to start over financially there are also some consequences that accompany it. One of the most important things you need to consider here is how your job opportunities, both now and in the future, will be affected. Can I be fired for filing for…

    • DISCHARGE OF STUDENT LOANS IN BANKRUPTCY PROPOSAL IN NEW BILL BEFORE CONGRESS

      DISCHARGE OF STUDENT LOANS IN BANKRUPTCY PROPOSAL IN NEW BILL BEFORE CONGRESS

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      A new bill being presented to Congress will permit the discharge of student loans in bankruptcy provided certain conditions are met. The bill, sponsored by Senator Richard Durbin and Senator John Cornyn, is titled the Fresh Start In Bankruptcy Act. Under the current bankruptcy laws, it is quite difficult to discharge a student loan in…

    • Middle District Of Florida New Rules And Procedures For Chapter 13 Trustees In Bankruptcy Cases

      Middle District Of Florida New Rules And Procedures For Chapter 13 Trustees In Bankruptcy Cases

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      Recently the Middle District of Florida’s Chapter 13 Trustees updated their expectations and rules of debtors and their counsel. From procedures in reference to tax returns to discouragements, there have been some new hurdles added to getting a bankruptcy confirmed. As a part of the new regulations, the Chapter 13 Trustees are requiring the last…

    • How Bankruptcy Affects Evictions

      How Bankruptcy Affects Evictions

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      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…

    • Steps For Life After Bankruptcy Discharge

      Steps For Life After Bankruptcy Discharge

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      After you have found yourself to be on the successful side of a bankruptcy case in Florida, you are likely to be mighty relieved. This is the first good news you must have heard after struggling financially for a long time. Many people are surprised to find out that what they envisaged to be a…

    • TAMPA BANKRUPTCY ATTORNEY ON 100% CHAPTER 13 BANKRUPTCY PLANS

      TAMPA BANKRUPTCY ATTORNEY ON 100% CHAPTER 13 BANKRUPTCY PLANS

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      In the practice of bankruptcy law, attorneys will sometimes refer to a 100% Chapter 13 Bankruptcy Plan. This generally means that the debtor or the bankruptcy filer must pay 100% of the full balances owed to his or her unsecured creditors. Most bankruptcy filers who are in a 100% plan are paying such unsecured creditors…