Tampa Bankruptcy Court Leads All Divisions In Middle District Of Florida In Filings

The Tampa Bankruptcy Court consistently leads all other divisions in the Middle District of Florida in bankruptcy filings. There are four divisions that comprise the Middle District of Florida. These four divisions include Tampa, Jacksonville, Orlando and Fort Myers. For the months of January to September of the calendar year 2021, 5,227 cases were filed in the Tampa Division, whereas Jacksonville received 2,388 cases, Orlando 4,542 cases and Fort Myers 1,309 cases. For the current month of September 2021, Tampa received 528 filings, Jacksonville 232 Read More +

Issue Of Acreage Limitations In The Claim Of The Florida Homestead Exemptions In Federal Bankruptcy Proceedings

My name is Jay Weller, President of the Weller Legal Group PA. I am an attorney that represents Debtors in bankruptcy proceedings in the Middle District of Florida Bankruptcy Court, Tampa Division. For any Debtor with a Homestead, who wants to retain their Homestead, file Bankruptcy, and successfully claim the Florida Homestead Exemption, it is important such Debtor be aware of the acreage limitations imposed by such Exemption. In the State of Florida, its Homestead Exemption limits one Debtor to ½ acre of land if Read More +

Can Bankruptcy Stop An Eviction In Florida?

If you have filed for bankruptcy in Florida, there is an automatic stay that will protect you from eviction unless the landlord has acquired a judgment of possession before you have filed for bankruptcy. Judgment of possession and stay on eviction The judgment of possession is a final court order in the eviction proceeding. Or if the landlord has filed a motion with the court claiming that the tenant has caused damage to the property or has used illegal drugs on the property within the Read More +

Legal Versus Equitable Interests In Bankruptcy

When one files bankruptcy, a bankruptcy estate is created. The bankruptcy estate consists of all legal or equitable interests the debtor possesses in any property, at the time of the filing of the bankruptcy petition [See USC 541(a)(1)]. In bankruptcy, one may have a legal interest in property, or an equitable interest in property. A legal interest is represented by ownership in property that is generally more recognizable by law. If one buys an automobile and titles the automobile in his or her name, then Read More +

Sale Of Homestead And Other Assets In Bankruptcy

Debtors in bankruptcy proceedings who desire to sell assets of significant value, whether those assets are considered exempt or not exempt, should obtain appropriate permission from the bankruptcy court before doing so. This advice includes the sale of the homestead in the State of Florida. If you contemplate the sale of homestead property, while in bankruptcy, consult with the bankruptcy attorney first to determine the property procedures and the ramifications of such sale. The first consideration in the sale of homestead property while in bankruptcy Read More +

The 20-year Controversy On Judicial Liens; When Does It End?

Many, if not, most Bankruptcy Practitioners would tell you that by law, judgement liens can only encumber property for a 10-year period and receive a one-time extension of 10 more years. This would make the time a lien may last a maximum of 20 years. Fla. Stat. § 55.10(2). However, these people would be technically wrong. The law does not define when the initial begins on a judgement lien. Bankruptcy professionals presume that the lien will be filed as soon as the judgment is entered. Read More +

How To Confirm A Chapter 13 Bankruptcy Template

AFTER THE 341 MEETING OF CREDITORS IS COMPLETED, THE CHAPTER 13 TRUSTEE WILL ISSUE EITHER A FAVORABLE OR UNFAVORABLE RECOMMENDATION IN THE DEBTOR(S) CASE. IF THE DEBTOR RECEIVES A FAVORABLE RECOMMENDATION THEN THERE IS NO ACTION REQUIRED AS RELATES TO THE CHAPTER 13 TRUSTEE. IF THE DEBTOR RECEIVES AN UNFAVORABLE RECOMMENDATION THEN REVIEW SUCH RECOMMENDATION AND CONTACT THE CLIENT VIA TEXT MESSAGE INFORMING THEM OF WHAT ACTIONS THE DEBTOR NEEDS TO TAKE TO REMEDY THE UNFAVORABLE RECOMMENDATION. ALL CORRESPONDENCE WITH THE DEBTOR SHOULD BE BY Read More +

Contemplating Small Business Bankruptcy In Tampa, Fl

For a long period, there was just a single small business bankruptcy alternative available and that was chapter 7 liquidation. If these small businesses were keen on operations they had to file for their chapter 11 protections that had numerous paperwork necessities. Luckily congress stepped up to this plate and in 2019 passed Small Business Reorganization Act that is known as subchapter V. These bankruptcies became more streamlined. The concerned small business got all those advantages of chapter 11 such as restructuring of loans without Read More +

Chapter 13 Bankruptcy Retention Of Tax Refund

REQUIREMENT TO PROVIDE COPIES OF TAX RETURNS TO CHAPTER 13 TRUSTEE IN CHAPTER 13 BANKRUPTCY, THE COURT WILL REQUIRE THAT ALL DEBTORS TIMELY FILE TAX RETURNS DURING THE CASE PENDENCY. WHEN YOU FILE YOUR TAX RETURN, PLEASE IMMEDIATELY EMAIL SUCH COPIES TO JWELLER@WELLERLEGALGROUP.COM OR OTHERWISE PROVIDE A COPY OF THE TAX RETURN TO OUR OFFICE, IN ORDER THAT THE OFFICE MAY PROVIDE THE COPY OF THE TAX RETURN TO THE CHAPTER 13 TRUSTEE. THE BANKRUPTCY COURT AND THE CHAPTER 13 TRUSTEE REQUIRE A COPY OF Read More +

Procedures For Potential Clients Seeking To File Bankruptcy

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 +