Bankruptcy Law Archives - Page 3 of 8 - Bankruptcy Attorneys Serving Clearwater, Port Richey, Lakeland & Tampa

LEGAL VERSUS EQUITABLE INTERESTS IN BANKRUPTCY

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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…

Sale Of Homestead And Other Assets In Bankruptcy

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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…

Factors That Impact Your Bankruptcy Case

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Are you struggling to pay your bills? Do you find that you have fallen so far behind that you think you’ll never catch up? Maybe you’re drowning in a mountain of debt. While you may be struggling to keep your head above water financially, it doesn’t have to be this way. There are solutions available…

TERMS OF BANKRUPTCY BILL ADDRESSING STUDENT LOANS

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A bill, currently in Committee before the Senate may permit many debtors encumbered with student loan debt to achieve a discharge of such debts through the process of bankruptcy. Currently, the primary avenue for the discharge of student loans in bankruptcy is through establishing such debts constitute an undue hardship. The bill, titled the “Fostering…

How Bankruptcy Affects Evictions

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There are a lot of bills that may pile up and cause you to be in debt. However, when you realize you’ve fallen behind on paying your rent you’re likely to find this to be more stressful than any of the other types of debt you may encounter. Unfortunately, COVID has caused many Americans to…

Steps For Life After Bankruptcy Discharge

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After you have found yourself to be on the successful side of a bankruptcy case in Florida, you are likely to be mighty relieved. This is the first good news you must have heard after struggling financially for a long time. Many people are surprised to find out that what they envisaged to be a…

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

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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…

HOW TO CONFIRM A CHAPTER 13 BANKRUPTCY TEMPLATE

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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…

CHAPTER 13 BANKRUPTCY RETENTION OF TAX REFUND

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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,…

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…

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…

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…

Tag: Bankruptcy Law