What is A Credit Counseling Certificate in Bankruptcy?

BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Ted Owen from Clearwater, Florida asks the Bankruptcy Attorney, What is a Credit Counseling Certificate as used in Bankruptcy?   The Credit Counseling Certificate is an invention of the 2005 Bankruptcy Act passed by Congress and signed by George W Bush. The Credit Counseling Certificate became a requirement for all those filing Bankruptcy.  With a few exceptions, any Individual seeking to file Bankruptcy must first procure a Credit Counseling Certificate.  The Credit Counseling Certificate basically certifies that the subject Individual Read More +

How Long Can I Keep My Automobile If I Surrender It in Bankruptcy?

BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA How long can I keep my automobile or car if I intend to surrender it in Bankruptcy?  Thank you to Mark Zadar of Clearwater, Florida for your question.  This is a common question asked by the Clients that come to our offices.  Sometimes, a person filing Bankruptcy will determine that it is in his or her best interest to surrender their automobile in the Bankruptcy. Generally, if you surrender your automobile in the Bankruptcy, such surrender of the collateral Read More +

Do I Need A Credit Counseling Certificate in Order to File Bankruptcy?

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 that resides or has a domicile in the District, a place of Business, Property in the United States, or a Municipality.  Section 109 therefore, states that there are four Read More +

What is Bankruptcy Proof of Claim?

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 monies from the Bankruptcy Estate.  In a Chapter 7 Bankruptcy, the Distribution of monies is through the Sale and Liquidation of Assets that the Bankruptcy Debtor owns that exceed the Read More +

Who is Bankruptcy Attorney Jay Weller?

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, and in other Jurisdictions.  However, Jay Weller and his Law Firm, Weller Legal Group, PA, primarily serve Clients in the Middle District of Florida, Tampa Division. The Tampa Division is Read More +

I Filed Bankruptcy. When Can I File Again?

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 that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy. HERE Read More +

Can A Creditor or Other Interested Party, Object to Discharge of A Debt in Bankruptcy?

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 Code that relate to whether certain Debts are Dischargeable in Bankruptcy are Section 523 and Section 727.  These are very important Sections of the Bankruptcy Code.  Any Bankruptcy Attorney, or Read More +

Bankruptcy Attorney Question From Lakeland, Florida: Who is Jay Weller?

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 or related to Bankruptcy Law, such as Secured Transactions. After graduation from Law School, Mr. Weller immediately moved to the Tampa Bay area and secured a position in a Law Read More +

to File Bankruptcy What Documents Are Needed?

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 Chapters of Bankruptcy. I suspect that the Documents required in other Jurisdictions are similar to those required in the Tampa Division for the Middle District of Florida. The Documents generally Read More +

Bankruptcy Discharge Revoked?

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 Revocation of the Bankruptcy. In order for the Discharge in a Bankruptcy to be Revoked, the following must exist: INTERESTED PARTY. Only an Interested Party can bring an Action to Read More +