Home Owners’ Association Dues in Bankruptcy

Written by

Homeowners’ Associations are a fact in Florida, from the Deed-Restricted Communities to the Condominium Associations and Co-ops, many Floridians pay Monthly, Quarterly or Yearly Assessments to enjoy the benefits of architectural uniformity, common grounds maintenance and security. Adhering to community standards in turn helps maintain the appeal of the development, thereby increasing property values, and leading to happy homeowners. But sometimes, homeowners fall behind in their dues. This is a brief overview of how these back fees and assessments are treated in Bankruptcy. What is Read More +

Chapter 13 Bankruptcy Protection of Tax Refund the Matter of in Re Gibson

Written by

In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan. Even in jurisdiction in which a tax refund is considered exempt, or for which there are available exemptions to protect the tax refund, the Trustee will likely argue that the Read More +

Creditor Harassment Summary

Written by
blank

OFFENDING PARTY A DEBT COLLECTOR? MUST BE A DEBT COLLECTOR AND NOT ORIGINAL CREDITOR COLLECTING DEBT. DID DEBT COLLECTOR IDENTIFY HIMSELF AS A DEBT COLLECTOR? WAS DEBT A CONSUMER DEBT TRANSACTION? INCLUDES BAD CHECKS, CONDO ASSESSMENT FEES, RESIDENTIAL RENTAL PAYMENTS, MUNICIPAL WATER SERVICE, REPOSSESSIONS EXCLUDES CHILD SUPPORT, TORT CLAIMS, AND PERSONAL TAXES VALIDITY OF DEBT IRRELEVANT FAIR DEBT COLLECTION PRACTICES ACT – FEDERAL LAW [15 USC 1692]. STRICT LIABILITY STATUTE, STATUTORY DAMAGES UP TO $1,000 PER VIOLATION. ACTUAL DAMAGES ALSO. REASONABLE ATTORNEY FEES. ONE YEAR Read More +

Chapter 9 Bankruptcy: Hartford, Detroit, Et Al

Written by
blank

The mayor of Hartford, Connecticut, Luke Bronin has been intimating for a number of months that the city may need to file Chapter 9 bankruptcy. Chapter 9 bankruptcy is a form of bankruptcy where a municipality can seek to reorganize its debts, and arrange such debts in a reduced payment over a period of years. According to reports, Hartford currently has a $65 million dollar deficit and has problems meeting its obligations, including upcoming shortfalls in revenue of $7 million in November, 2017 and $39.2 Read More +

Taxes and Tax Liens in Bankruptcy

Written by
blank

WHEN TAXES MAY BE DISCHARGED IN BANKRUPTCY This article discusses the treatment of taxes due to the Internal Revenue Service (IRS). Income taxes due to the IRS may be dischargeable if such taxes meet five (5) criteria. 11 USC 507 and 523 hold that taxes are dischargeable in bankruptcy if: The tax return was due more than three (3) years before the filing of the bankruptcy petition. If the debtor, received an extension of time to file the tax return, the period of the extension Read More +

Tax Refunds in Bankruptcy

Written by
TAX REFUNDS IN BANKRUPTCY

The treatment of tax refunds is a popular issue in bankruptcy.  Income tax refunds are commonly considered to be part of the bankruptcy estate.  Therefore, if a debtor files Chapter 7 bankruptcy, the trustee may attempt to seize all or a portion of the debtor’s tax refund.  In a Chapter 13 bankruptcy, the trustee may seek to have the debtor turn over all or a portion of the debtor’s tax refund, to be applied towards the funding of the Chapter 13 plan. However, a tax Read More +

Debt Slavery Replacement of Involuntary Servitude and Traditional Slavery Dynamics of Debt Slavery – Part 4

Written by
blank

Involuntary servitude and traditional slavery, as it is widely understood, is largely absent from modern America.  However, debt slavery is not only present in these United States, but is a main foundation on which American society exists. Furthermore, most Americans not only are subject to this system, but have also willingly permitted themselves to be become so enslaved.  The majority of Americans are either in debt, are accumulating more debt, or attempting to pay off debts that were in the past accumulated.  This private form Read More +

Ramifications of the Supreme Court’s Lawless Decision in Bank of America V Caulkett

Written by

MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA PART TWO Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993. In order to understand this Article, please read Part One. What are the ramifications of the Supreme Court Decision in Bank of America v Caulkett? Why is its construction of the Bankruptcy Code important? Please note that the Supreme Court Decision in Read More +

Message From A Bankruptcy Attorney in Clearwater, Florida

Written by

THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market Value of the Home was less than the Balance of the First Mortgage. The Second Mortgage, in terms of Bankruptcy, is Wholly Unsecured. Section 506(d) of the Bankruptcy Code provides, Read More +