Chapter 13 Bankruptcy Treatment of Automobile Accidents

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If a Debtor is in an automobile accident, either before the filing of the Chapter 13 Bankruptcy or after the filing of Chapter 13, proceeds from any personal injury or property settlement arising out of the accident, are included in the Bankruptcy Estate. In Chapter 13 Bankruptcy in which the Debtor uses the Florida Bankruptcy Exemptions, there is no Exemption that specifically protects such proceeds arising from the accident. Most of our clients in Chapter 13 Bankruptcy, who are involved in an automobile accident, suffer Read More +

Chapter 13 Bankruptcy Retention of Tax Refund

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REQUIREMENT TO PROVIDE COPIES OF TAX RETURNS TO CHAPTER 13 TRUSTEE IN CHAPTER 13 BANKRUPTCY, THE COURT WILL REQUIRE THAT ALL DEBTORS TIMELY FILE TAX RETURNS DURING THE CASE PENDENCY. WHEN YOU FILE YOUR TAX RETURN, PLEASE IMMEDIATELY EMAIL SUCH COPIES TO JWELLER@WELLERLEGALGROUP.COM OR OTHERWISE PROVIDE A COPY OF THE TAX RETURN TO OUR OFFICE, IN ORDER THAT THE OFFICE MAY PROVIDE THE COPY OF THE TAX RETURN TO THE CHAPTER 13 TRUSTEE. THE BANKRUPTCY COURT AND THE CHAPTER 13 TRUSTEE REQUIRE A COPY OF Read More +

Procedure When Informed Debtor Has A Personal Injury Action, or Any Other Legal Action Where the Party, As Plaintiff, Has Retained or Will Be Retaining an Attorney

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1. FIND OUT THE NAME OF THE ATTORNEY AND EMAIL ADDRESS OF THE ATTORNEY 2. EMAIL HIM THE PREPARED LETTER ALONG WITH THE SAMPLE FORMS 3. THE ATTORNEY MUST COMPLETE THE REQUIRED FORMS, STARTING WITH: MOTION TO EMPLOY SPECIAL COUNSEL THE AFFIDAVIT OF PROPOSED SPECIAL COUNSEL ORDER TO EMPLOY SPECIAL COUNSEL 4. THE ABOVE MOTIONS AND ORDERS SHOULD PROPERLY BE GRANTED BEFORE THE PERSONAL INJURY ATTORNEY OR PLAINTIFF’S ATTORNEY FILES THE MOTIONS AND ORDERS DESCRIBED IN NUMBER 5. 5. WHEN THE PERSONAL INJURY ACTION OR Read More +