Expert In Bankruptcy

An expert in bankruptcy can be found in Weller Legal Group. Mr. Weller is considered by many in the legal and public realms to be the premier bankruptcy attorney in the greater Tampa region. Mr. Weller has been practicing bankruptcy law since his admission to the Florida Bar in 1993. Mr. Weller only represents debtors in bankruptcy proceedings, and primarily focuses his representation in matters relating to Chapter 7 and Chapter 13 bankruptcy. Although there are few attorneys in the State of Florida with the Read More +

Bankruptcy Fraud: Investigation Of Bankruptcy Fraud

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 Chapter 7 And 13

Chapter 7 and 13 bankruptcy is the most commonly filed forms of bankruptcy in the United States. Chapter 7 bankruptcy is often called a straight bankruptcy or a straight liquidation. For most of our clients who file Chapter 7 bankruptcy, however, there is no liquidation of their assets. For most forms of bankruptcy, including Chapter 7 and Chapter 13, the debtor or debtors are able to employ what are called exemptions. Exemptions are assets that the debtor is able to exempt or exclude from the Read More +

Bankruptcy Fraud

Bankruptcy Fraud encompasses many different elements related to Bankruptcy Law. Bankruptcy Fraud can appear in many different forms. A Bankruptcy Practitioner can spend a lifetime focusing his or her practice solely on the representation of clients, either debtors or creditors, in matters relating to Bankruptcy Fraud. Bankruptcy Fraud can be discerned more clearly by the actions of a debtor that demonstrate an actual intent to commit Bankruptcy Fraud. The debtor that announces his intent to commit Bankruptcy Fraud is not common. Real life does not Read More +

Bankruptcy Means Test

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 +

The Roles Of The Chapter 13 Bankruptcy Trustee

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 +

Clearwater, Florida – More Than Just Beaches

Clearwater, Florida, situated on the Gulf of Mexico in West Central Florida, is the County seat of Pinellas County. The region surrounding Clearwater and Pinellas County is known as the Tampa Bay Area. Clearwater is the third largest City in the region; the cities of Tampa and St. Petersburg are the two largest. Prior to the early-1800’s, the area surrounding present-day Clearwater was occupied by native Americans known as the Tocobaga people. In 1835, the United States Army began construction of an army fort which Read More +

Dodd-frank: Title Xiv – Mortgage Reform And Anti-predatory Lending Act

Mortgage Reform and Anti-Predatory Lending Act, amendment to the Truth in Lending Act (TILA), was brought about as a reaction to the lending practices that had lead to the burst of the real estate bubble in 2008. Many mortgages prior to the burst of the real estate bubble included clauses that were unfavorable to those who had borrowed the money. Some such clauses made it impossible to pay off mortgages where the value of the property dropped below the amount of the loan. Mortgage Reform Read More +

Exceptions To Credit Counseling Course Requirement In Bankruptcy

One of the requirements for filing a petition with the Bankruptcy Court is to take a credit counseling course. Under Title 11 U.S.C. Section 521(b) debtors are require to file with the court a certificate from the approved nonprofit budget and credit counseling agency, which must have been completed within 180 days before the filing of your petition. The purpose of the credit counseling course is to tell you if you really need to file for bankruptcy or whether there is an alternativeoption available to Read More +

Chapter 13 Bankruptcy Protection Of Tax Refund The Matter Of In Re Gibson

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 +