Message From A Bankruptcy Attorney In Clearwater, Florida

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 +

Introduction To Weller Legal Group

Jay Weller has been a practicing Clearwater Bankruptcy Attorney since 1993. Weller Legal Group has represented over 40,000 Clients in Bankruptcy Proceedings and other Debt Related Matters, since its founding in 1993. The Bankruptcy Attorneys, Paralegals and Staff, at our Clearwater Law Office, are dedicated almost exclusively to representing our Clients in the many facets of Bankruptcy Proceedings. The Bankruptcy Attorneys at Weller Legal Group are consistently the highest rated in the Tampa Bay area. If you are need of advice or representation in Bankruptcy, Read More +

Introduction To Mr Jay Weller, Bankruptcy Attorney

My name is Jay Weller and I an Attorney who has represented many thousands of Clients in Bankruptcy Proceedings, since 1993. Myself and my Law Office has filed over 40,000 Bankruptcies and has represented many thousands more Clients through our numerous Non Bankruptcy Programs or Bankruptcy Alternatives. Please examine our website at www.jayweller.com. The website contains information on virtually any subject of Bankruptcy Law and Procedure, with over 100 Videos discussing common questions and issues in Bankruptcy, along with a few hundred pages of information Read More +

Is The Florida Prepaid College Fund And Similar Programs Exempt Or Protected From Creditors And The Bankruptcy Trustee Under Florida Law?

Florida Statute Section 222.22 provides:   Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and Florida Prepaid College Trust Fund participation agreements under s. 1009.981, are not liable to attachment, levy, garnishment, or legal process in the state in favor of any creditor of Read More +

If A Court Finds That A Debtor Committed A Fraudulent Conversion Of Assets, Then What Can A Creditor Do?

Florida Statute Section 222.30 provides that in an action for relief against a fraudulent asset conversion, a creditor may obtain: Avoidance of the fraudulent asset conversion to the extent necessary to satisfy the creditor’s claim. An attachment or other provisional remedy against the asset converted in accordance with applicable law. Subject to the applicable principles of equity and in accordance with applicable rules of civil procedure: An injunction against further conversion by the debtor of the asset or of other property. Any other relief the Read More +

What Is A Fraudulent Asset Conversion In The State Of Florida?

Florida Statute Section 222.30 states:   As used in this section, conversion means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or proceeds of the asset remain property of the debtor. The definitions of chapter 726 apply to this section unless the application of a definition would be unreasonable. Any conversion by a Read More +

In The State Of Florida There Is No Exemption For Fraudulent Transfers

While the State of Florida has Laws that create Exemptions that protect a Debtor against garnishment, seizure or attachment of certain property owned by the Debtor, Section 222.29 of the Florida Statutes provides that there is no Exemption for Fraudulent Transfers.   Florida Statute Section 222.29 provides:   An exemption from attachment, garnishment, or legal process provided by this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726.

Are Pensions Exempt Or Protected From Creditors And The Bankruptcy Trustee In Bankruptcy In The State Of Florida?

Florida Statute Section 222.21 states: Money received by any debtor as pensioner of the United States within three months next preceding the issuing or an execution, attachment, or garnishment process may not be applied to the payment of any debts of the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is necessary for the maintenance of the debtor’s support or a family supported wholly or in part by the pension money. The filing of Read More +

Are Tax Refunds Exempt Or Protected From Creditors Or The Bankruptcy Trustee In Bankruptcy?

Currently, in the Middle District of Florida, most, if not all of the Bankruptcy Judges hold that tax refunds are not protected from the Bankruptcy Trustee in Bankruptcy Proceedings. The Bankruptcy Trustees and Judges in making their argument, will likely cite a Bankruptcy Decision by Alexander Paskay where he held that Tax Refunds are not Exempt or protected from the Bankruptcy Trustee, but that the portion of a Tax Refund that represents the Earned Income Credit, should be Exempt. In my opinion, Paskay’s holding in Read More +

In The State Of Florida There Are Various Exemptions..

In the State of Florida there are various Exemptions, which protect a Debtor against seizure or garnishment of his or her property from Creditors. Florida Statute Section 222.25 enumerates some of the Personal Property Exemptions available under Florida Law.   Florida Statute 222.25 provides that the following property is exempt from attachment, seizure or garnishment under Florida Law:   A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01. A debtor’s interest in any professionally prescribed Read More +