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    Tag: bankruptcy

    • TAX REFUNDS IN BANKRUPTCY

      TAX REFUNDS IN BANKRUPTCY

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      The treatment of tax refunds is a popular issue in bankruptcy.  Income tax refunds are commonly considered to be part of the bankruptcy estate.  Therefore, if a debtor files Chapter 7 bankruptcy, the trustee may attempt to seize all or a portion of the debtor’s tax refund.  In a Chapter 13 bankruptcy, the trustee may…

    • DOMESTIC SUPPORT OBLIGATIONS BANKRUPTCY

      DOMESTIC SUPPORT OBLIGATIONS BANKRUPTCY

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      Another important exception to bankruptcy is domestic support obligations.  Domestic support obligations are not discharged in bankruptcy and are therefore referred to as an exception to bankruptcy.  Intentional torts are another exception to bankruptcy and were discussed in our prior article. Domestic support obligations are defined by federal and not state law.  11 USC 101(5)…

    • EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS

      EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS

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      Bankruptcy Code Section 523(a)(6) prevents a debtor from obtaining the discharge of any debt for “willful and malicious injury by the debtor to another entity or to the property of another entity”.  There are two prominent interpretations as to how this provision is to be construed.  The Ninth Circuit interpretation is that the debtor’s actions…

    • ALTERNATIVES TO BANKRUPTCY

      ALTERNATIVES TO BANKRUPTCY

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      What are some alternatives to filing bankruptcy, asks John W of Clearwater, Florida.  The bankruptcy attorneys and counselors at Weller Legal Group are experienced and knowledgeable in not only bankruptcy law and its procedures, but additionally in the numerous alternatives to bankruptcy. Our law offices offer many alternatives to bankruptcy.  Credit card debt and other…

    • COSIGNER LIABILITY ON STUDENT LOANS AND CHAPTER 13 BANKRUPTCY – PART I

      COSIGNER LIABILITY ON STUDENT LOANS AND CHAPTER 13 BANKRUPTCY – PART I

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      It is increasingly difficult for those who wish to earn a college degree to finance such education without incurring student loans.  The introduction and proliferation of student loans as a mechanism for the funding of students’ secondary education is in fact, the primary mechanism for the rapidly escalating costs of such pursuits.  Government involvement in…

    • HOW DO I FILE FOR BANKRUPTCY?

      HOW DO I FILE FOR BANKRUPTCY?

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      How do I file for bankruptcy is a common search term on Google and other search engines.  If one files either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, one may either represent oneself, pro se or enlist the services of a bankruptcy attorney or bankruptcy lawyer. Chapter 7 and Chapter 13 bankruptcy are…

    • BANKRUPTCY CHAPTER 11

      BANKRUPTCY CHAPTER 11

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      From Clearwater, Florida comes a question from John J.  What is Chapter 11 Bankruptcy?  I have a small business, wish to retain my business, and either discharge or reorganize my personal and business debts.  Should I file a Chapter 11 Bankruptcy in order to accomplish these goals? There are numerous Chapters available under the Bankruptcy…

    • Bankruptcy Attorney Fees

      Bankruptcy Attorney Fees

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      Bill Putnee from Lakeland, Florida asks, what are the attorney fees or costs of hiring a bankruptcy attorney.  This is a common question asked by the persons contacting our office. Generally, most honest bankruptcy attorneys do not prefer to quote a definite attorney fee for bankruptcy representation without first meeting the prospective client.  The amount…

    • BANKRUPTCY INFORMATION

      BANKRUPTCY INFORMATION

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      For those seeking bankruptcy information, the website of Weller Legal Group is arguably the largest source of bankruptcy information in these United States.  This website, spanning well over one thousand pages, addresses every conceivable issue relating to bankruptcy and bankruptcy law. The main portion of the website contains information relating to Chapter 7, Chapter 13,…

    • Firearms, Guns, The Second Amendment And Bankruptcy – Part 3

      Firearms, Guns, The Second Amendment And Bankruptcy – Part 3

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      The issue of the relation of Firearms and Bankruptcy is prominent when the Debtor in Bankruptcy has a Lien placed upon his or her Household Goods, pursuant to a Security Interest which constitutes a Non-possessory, Nonpurchase Money Security Interest.  If the property in question can be categorized as Household Goods, Tools Of The Trade, or…

    • FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 2

      FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 2

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      In the 111th Congress, legislation was passed in HR 5827 that provided a Federal Exemption in Bankruptcy for a Debtor’s interest in a “single rifle, shotgun or pistol, or any combination thereof”, provided the total value of such Firearms did not exceed $3000.  Such bill also contained a provision that Firearms could be included in…

    • MOST PRO FOOTBALL PLAYERS GO BANKRUPT OR BROKE: TRUE OR FALSE? (PART II OF II)

      MOST PRO FOOTBALL PLAYERS GO BANKRUPT OR BROKE: TRUE OR FALSE? (PART II OF II)

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      For an enhanced understanding of this Article, please refer to Part I in this Series, Most Pro Football Players Go Bankruptcy Broke:  True or False? Pablo Torre, the Author of the Sports Illustrated Article, recounted his Article, on May 4, 2015, piece entitled, There’s A Difference Between Broke And Bankrupt For Ex-NFL Players, in an…