Dischargeable Vs. Non-dischargeable Debts

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Many Americans today will have to file for a bankruptcy at some point in their lives. The two most common types of bankruptcies for individuals to file in the United States is Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. In this article we are going to discuss the key differences between dischargeable debts and non-dischargeable debts, while including some examples of each type. Hopefully after reading this article you will get a better understanding of the differences between the two types of debts that are Read More +

10 Questions To Ask My Bankruptcy Attorney

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Going through a bankruptcy can be a stressful and time-consuming situation. We at The Weller Legal Group are here to help make the bankruptcy process easier and more efficient for you and your family. In this article we are going to discuss 10 very important questions that you should ask your bankruptcy attorney before you decide to hire them to represent you. What Is Your Experience? There are many bankruptcy attorneys out there that are licensed today, but not all are created equal. It is Read More +

Bankruptcy Fraud: Investigation Of Bankruptcy Fraud

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PART II According to the US Department of Justice, 10% of Bankruptcy filings contain some element of Bankruptcy Fraud. The US Trustee Office is one of the primary organs of the government that is responsible for the investigation of Bankruptcy Fraud. Most, if not all, of the Bankruptcy Courts in the United States will have attached, a local office of the US Trustee. The President of the United States is ostensibly the highest officer given function of administering the federal laws of the United States. Read More +

Bankruptcy Means Test

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WHAT IS THE BANKRUPTCY MEANS TEST? The bankruptcy means test is a process to determine whether a debtor is eligible to file Chapter 7 bankruptcy, based upon his or her income. After the application of the means test, if one has significant disposable income remaining, the debtor may not be eligible to file Chapter 7 bankruptcy. The bankruptcy means test was implemented in the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), and is designed to prevent debtors with high income from filing Chapter Read More +

Bankruptcy Chapter 7 Cost

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The cost of a Chapter 7 bankruptcy may differ depending upon the region or jurisdiction in which the debtor files Chapter 7 bankruptcy. This means the cost in terms of attorney fees may differ. The filing fees are the same within all of the jurisdictions in the United States. The filing fee for a Chapter 7 bankruptcy is $335, as of May, 2017. No matter where one files Chapter 7 in the United States, the filing fee is $335. The filing fee has been steadily Read More +

The Roles Of The Chapter 13 Bankruptcy Trustee

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Going through bankruptcy is a very stressful and time-consuming situation. We at The Weller Legal Group are your helping hand in making the bankruptcy process easier and more efficient for you and your family. In this article we are going to discuss a popular question that many clients have, and that is what are the roles of a Chapter 13 bankruptcy trustee. WHAT IS CHAPTER 13 BANKRUPTCY? Chapter 13 bankruptcy is a type of bankruptcy where the court determines a debtor’s disposable income and uses Read More +

Should I File For Bankruptcy? – Reasons Why Bankruptcy May Be Right For You

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The decision to file for bankruptcy is a tough one no matter how you cut it. Going through the bankruptcy process takes time and money. Once a petition is filed, a person’s entire financial situation is a matter of public record and open to others. The process will take an emotional toll on the filer and his/her family and loved ones as well. So – again – the decision to file for bankruptcy is a tough one. One that should not be taken lightly and Read More +

The “means Test” In Bankruptcy (chapter 7) – Part Iii

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Part III of Three Related Articles [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales”&“Part II, Changes in Bankruptcy Law”] After passage of the BAPCPA in 2005, anyone wanting to file for Chapter 7 bankruptcy relief was faced with the new requirement of having to pass a “means test” to determine their eligibility. The primary purpose of the means test is to help the court determine whether an individual should be allowed to file a petition Read More +

Bankruptcy Abuse Prevention & Consumer Protection Act Of 2005 (bapcpa) Part Ii

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Part II – Changes in Bankruptcy Law [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales” &Part III The “Means Test in Bankruptcy”] The enactment of the Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA) in April, 2005, wrought significant changes in the law embodied in Chapter 7 of the United States Bankruptcy Code. Changes were also affected in Chapter 13 of the code, but such changes in that section were not as broad or as Read More +

The Bankruptcy Abuse Prevention & Consumer Protection Act Of 2005 (bapcpa) Part I

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Part I–Rationales [See related articles on this blog: “The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), ‘Part II, Changes in Bankruptcy Law’, and “Part III, The Means Test in Bankruptcy”] The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was a “bankruptcy reform” measure passed by Congress during the fifth year of the Bush (#43) Presidency. According to a report by the U.S. House of Representatives’ Judiciary Committee (Report 109-031), the BAPCPA “represented the most comprehensive set of bankruptcy reforms in more than twenty-five Read More +