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    Category: Q&A

    • DO I NEED A CREDIT COUNSELING CERTIFICATE IN ORDER TO FILE BANKRUPTCY?

      DO I NEED A CREDIT COUNSELING CERTIFICATE IN ORDER TO FILE BANKRUPTCY?

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      BANKRUPTCY QUESTION FROM BRANDON, FLORIDA Jose Pasquini from Brandon, Florida, asks, Do I need a Credit Counseling Certificate in order to file Bankruptcy.  Thank you, Jose Pasquini for your question.Section 109 of the Bankruptcy Code defines who may be a Debtor in Bankruptcy.  Bankruptcy Code Section 109 states that a Debtor may be a person…

    • WHAT IS BANKRUPTCY PROOF OF CLAIM?

      WHAT IS BANKRUPTCY PROOF OF CLAIM?

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      BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Eduardo from Executive Café & Deli in Clearwater, Florida, asks What is a Proof of Claim in Bankruptcy?  A Proof of Claim is a written Statement that notifies the Bankruptcy Court, The Bankruptcy Trustee, and the Debtor, that the Creditor intends to be eligible to receive a Distribution of…

    • WHO IS BANKRUPTCY ATTORNEY JAY WELLER?

      WHO IS BANKRUPTCY ATTORNEY JAY WELLER?

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      PORT RICHEY, FLORIDA CLIENT QUESTION FOR THE BANKRUPTCY LAWYER Patrick O’Bier of Port Richey, Florida asks, Who is Jay Weller?  Jay Weller is a Bankruptcy Attorney who has been practicing Bankruptcy Law in the State of Florida, since 1993.  Jay Weller is admitted to practice Bankruptcy Law in the Middle District of Florida, Tampa Division,…

    • I FILED BANKRUPTCY. WHEN CAN I FILE AGAIN?

      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…

    • CAN A CREDITOR OR OTHER INTERESTED PARTY, OBJECT TO DISCHARGE OF A DEBT IN BANKRUPTCY?

      CAN A CREDITOR OR OTHER INTERESTED PARTY, OBJECT TO DISCHARGE OF A DEBT IN BANKRUPTCY?

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      ASK THE BANKRUPTCY ATTORNEY-BRANDON, FLORIDA CLIENT DANNY R Danny R of Brandon, Florida has a Question for the Bankruptcy Lawyer.  May a Creditor or other Interested Party Object to the Discharge of a particular Debt that was included in the Bankruptcy, and the Bankruptcy Discharge? The answer is Yes.  The operative Sections of the Bankruptcy…

    • BANKRUPTCY ATTORNEY QUESTION FROM LAKELAND, FLORIDA: WHO IS JAY WELLER?

      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…

    • TO FILE BANKRUPTCY WHAT DOCUMENTS ARE NEEDED?

      TO FILE BANKRUPTCY WHAT DOCUMENTS ARE NEEDED?

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      Paul O’Bier from Holiday, Florida asks, in order to file Bankruptcy, what documents are needed? Thank you, Mr. O’Bier from Holiday. In the Middle District of Florida, Tampa Division, the Documents needed to file Bankruptcy, and or those that are requested by the respective Chapter 7 and Chapter 13 Bankruptcy Trustees, are similar for both…

    • BANKRUPTCY DISCHARGE REVOKED?

      BANKRUPTCY DISCHARGE REVOKED?

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      Justin Colen of Palm Harbor, Florida asks, If I receive a Bankruptcy Discharge, may the Discharge later be Revoked? Thank you, Justin of Palm Harbor. I hope things work out with that lawsuit from the Hamburglar, arising from the altercation in the McDonald’s parking lot. Any Interested Party may bring an Action to seek the…

    • DISMISS BANKRUPTCY AFTER FILING?

      DISMISS BANKRUPTCY AFTER FILING?

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      Amy Z of Palm Harbor, asks, “Can a Bankruptcy be Dismissed after filing”?  Thank you Amy from Palm Harbor, Florida.  Generally, a Debtor can either Dismiss a Chapter 13 after Filing a Chapter 13 Bankruptcy. A Debtor may seek to Dismiss a Chapter 7 Bankruptcy after filing.  A Debtor may wish his Chapter 7 Bankruptcy…

    • WHAT IS A CONFIRMATION HEARING IN A CHAPTER 13 BANKRUPTCY?

      WHAT IS A CONFIRMATION HEARING IN A CHAPTER 13 BANKRUPTCY?

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      Jennifer V from Palm Harbor, Florida, asked the Bankruptcy Attorney, What is a Confirmation Hearing in a Chapter 13 Bankruptcy.  Here is a Video explaining the Confirmation Hearing and Process in a Chapter 13 Bankruptcy: Sections 1324 and 1325 of the Bankruptcy Code address the concept of a Confirmation Hearing in Chapter 13 Bankruptcy.  Generally,…

    • JOHNNY B OF BRANDON, FLORIDA ASKS, WHAT IS A FRAUDULENT TRANSFER IN BANKRUPTCY?

      JOHNNY B OF BRANDON, FLORIDA ASKS, WHAT IS A FRAUDULENT TRANSFER IN BANKRUPTCY?

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      Thank you, John B of Brandon.  Here is a Video we made on Fraudulent Transfers in Bankruptcy. Section 548 of the Bankruptcy Code addresses Fraudulent Transfers in Bankruptcy.  Section 548(a)(1) states, for example, that the Bankruptcy Trustee may Avoid any Transfer of Property or other Interest by the Debtor, provided the Transfer was (1) within…

    • WHAT IS A DISCHARGE IN A CHAPTER 13 BANKRUPTCY?

      WHAT IS A DISCHARGE IN A CHAPTER 13 BANKRUPTCY?

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      Paul O from Port Richey, Florida asks, what is a Discharge in a Chapter 13 Bankruptcy.  The following video explains what is a Discharge in a Chapter 13 Bankruptcy.  Discharge in Chapter 13 is described in Section 1328 of the Bankruptcy Code.  Section 1328(b) provides for a Hardship Discharge. Section 1328(e) and 1328(f) of the…