Bankruptcy Attorney Procedures for Phone Consultation with Client [to Be Held After Signing Petition, But Before Scheduled 341 Hearing]

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SCHEDULE MEETING WITH CLIENT 7-8 DAYS BEFORE THE SCHEDULED 341 HEARING DEBTOR(S) NAME ON SOCIAL SECURITY CARD MUST EXACTLY MATCH THE NAME ON THE PETITION. REVIEW APPROPRIATE DOCUMENTS. DEBTOR(S) MUST READ THE BANKRUPTCY INFORMATION SHEET DEBTOR(S) MUST HAVE A COPY OF THE BANKRUPTCY PETITION. THE PETITION SHOULD BE EMAILED TO THE DEBTOR(S) AT THE TIME OF THE FILING OF THE PETITION. THE OFFICE MAY CREATE A DESIGNATED EMAIL ACCOUNT FOR THE DEBTOR(S) OR THE DEBTOR(S) MAY PREFER TO HAVE THE PETITION EMAILED TO ANOTHER ACCOUNT. Read More +

Bankruptcy Considerations for Small Business Owners

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Chapter 7 liquidation use to be the only type of bankruptcy a small business could file for. If they wanted to remain in business they’d need to file for Chapter 11 protection and fill out a lot of paperwork. However, in 2019 Congress passed a Reorganization Act entitled Subchapter V. With Subchapter V bankruptcy is streamlined. A business will get a lot of benefits for filing Chapter 11 (e.g. the ability to restructure its loans). There also aren’t as many hoops there as exist for Read More +

Refund Request Template

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Dear [NAME OF CLIENT], In response to your request for a refund of the fees that you have paid to our office, a full review of your case has been conducted. It appears that you have paid a total of [AMOUNT IN DOLLARS PAID] to our office for legal services. A review of your file reveals that you have scheduled a total of [NUMBER OF APPOINTMENTS] with the office, of which [NUMBER OF APPOINTMENTS CONDUCTED] appointments were conducted. Each appointment with our office incurs an Read More +

Procedures for Potential Clients Seeking to File Bankruptcy

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PHONE OR IN PERSON CONSULTATION (DEPENDING UPON AVAILABILITY) WITH JAY WELLER IS MANDATORY. MR. WELLER WILL DISCUSS WITH THE POTENTIAL CLIENT ALL OF THE ISSUES, TYPICALLY RELATED TO BANKRUPTCY, HOW THOSE ISSUES ARE ADDRESSED IN BANKRUPTCY, THE DIFFERENT CHAPTERS OF BANKRUPTCY, AND REMEDIES OTHER THAN FILING BANKRUPTCY, AND THEIR FEASIBILITY, AND EFFECTIVENESS. MR. WELLER WILL DEMONSTRATE HOW BANKRUPTCY RELATES TO THE SPECIFIC ISSUES CONFRONTING THE POTENTIAL CLIENT. UPON A FULL ANALYSIS OF THE POTENTIAL CLIENT’S ISSUES AND CIRCUMSTANCES, THE POTENTIAL CLIENT CAN THEN MAKE AN Read More +

Chapter 13 Bankruptcy Monthly Payments Based Upon Disposable Income

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[NAME OF CLIENT], THE TWO MAIN FACTORS THAT CAN DETERMINE A DEBTOR OR DEBTORS’ MONTHLY CHAPTER 13 PAYMENTS, ARE THE DEBTORS’ ASSETS AND THE DEBTORS INCOME. DEBTOR OR DEBTORS’ ASSETS IN A CHAPTER 13 BANKRUPTCY, THE DEBTOR MUST PAY HIS OR HER UNSECURED CREDITORS AN AMOUNT EQUIVALENT TO WHAT SUCH UNSECURED CREDITORS WOULD RECEIVE IF THE DEBTOR FILED A CHAPTER 7 BANKRUPTCY. WHEN A DEBTOR FILES BANKRUPTCY, THE BANKRUPTCY ESTATE IS CREATED. THE BANKRUPTCY ESTATE INCLUDES ALL OF THE DEBTOR’S INTERESTS IN ANY PROPERTY. SUCH Read More +

Chapter 13 Bankruptcy Unfavorable Recommendation Issued By the Chapter 13 Bankruptcy Trustee

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MANY, IF NOT MOST OF THE DEBTORS WHO FILE CHAPTER 13 BANKRUPTCY IN THE TAMPA DIVISION OF THE MIDDLE DISTRICT OF FLORIDA WILL RECEIVE AN UNFAVORABLE RECOMMENDATION ISSUED BY THE CHAPTER 13 BANKRUPTCY TRUSTEE. IF YOU RECEIVE AN UNFAVORABLE RECOMMENDATION, THERE IS NO NEED TO PANIC. THERE ARE NUMEROUS REASONS, A CHAPTER 13 BANKRUPTCY TRUSTEES WILL ISSUE AN UNFAVORABLE RECOMMENDATION, MOST OF WHICH CAN BE READILY ADDRESSED BY THE DEBTOR, OR FILER OF THE CHAPTER 13. AMONG THE REASONS AN UNFAVORABLE RECOMMENDATION MAY BE MADE Read More +

Procedure When Informed Debtor Has A Personal Injury Action, or Any Other Legal Action Where the Party, As Plaintiff, Has Retained or Will Be Retaining an Attorney

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1. FIND OUT THE NAME OF THE ATTORNEY AND EMAIL ADDRESS OF THE ATTORNEY 2. EMAIL HIM THE PREPARED LETTER ALONG WITH THE SAMPLE FORMS 3. THE ATTORNEY MUST COMPLETE THE REQUIRED FORMS, STARTING WITH: MOTION TO EMPLOY SPECIAL COUNSEL THE AFFIDAVIT OF PROPOSED SPECIAL COUNSEL ORDER TO EMPLOY SPECIAL COUNSEL 4. THE ABOVE MOTIONS AND ORDERS SHOULD PROPERLY BE GRANTED BEFORE THE PERSONAL INJURY ATTORNEY OR PLAINTIFF’S ATTORNEY FILES THE MOTIONS AND ORDERS DESCRIBED IN NUMBER 5. 5. WHEN THE PERSONAL INJURY ACTION OR Read More +

Procedure for Debtors Seeking Early Payoff in A Chapter 13 Bankruptcy

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1. THE CHAPTER 13 BANKRUPTCY MUST AT LEAST BE CONFIRMED BY THE BANKRUPTCY JUDGE AND AN ORDER GRANTING THE CONFIRMATION OF THE CHAPTER 13 PLAN FULLY ADMINISTERED. 2. A WRITTEN STATEMENT, DATED, SIGNED AND NOTARIZED, BY THE PERSON(S) OR INDIVIDUAL(S) OFFERING TO ASSIST (THE PAYOR). THE DEBTOR OR DEBTORS IN AN EFFORT TO PAYOFF THE CHAPTER 13 BANKRUPTCY BEFORE THE EXPIRATION OF THE CHAPTER 13 PLAN. THIS LETTER MUST CONTAIN: *PAYOR’S FULL NAME AS STATED ON THEIR SOCIAL SECURITY CARD AND/OR BIRTH CERTIFICATE *THE PAYOR’S Read More +

Procedure for Debtor or Debtors Seeking Sanctions Against A Creditor or Other Party for Automatic Stay Violations

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A WRITTEN STATEMENT SIGNED AND NOTARIZED BY THE DEBTOR OR DEBTORS EXPLAINING IN DETAIL THE ACTIONS BY THE CREDITOR OR OTHER PARTY. ANY OTHER INFORMATION THAT FURNISHES PROOF THAT THE CREDITOR ACTED IN A HARASSING MANNER, SUBSEQUENT TO THE FILING OF THE BANKRUPTCY, IN AN EFFORT TO COLLECT A DEBT CLAIMED BY THAT CREDITOR, OR OTHER PARTY, AGAINST THE DEBTOR OR DEBTORS. ANY WRITTEN STATEMENTS BY ANY PERSON OR PERSONS, WHO ARE WITNESS TO THE ACTIONS OF THE CREDITOR OR OTHER PARTY. ANY PHONE RECORDS, Read More +

Should You File for Bankruptcy After the Holidays Are Over?

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It seems that the stress of the holidays is only amplified once they blow over and January rolls around and you see your credit card bills and other payments that need to be taken care of. Many individuals may assume that it’s best to file for bankruptcy right after the holidays are finished, but it is a bit more complex than one may think. Filing for bankruptcy after the holidays might be a huge error for some people, and could do more to hurt them Read More +