Exception to Discharge in Bankruptcy for Intentional Torts

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EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS

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 “must be accompanied by some form of tortious conduct which gives rise to the willful and malicious injury.”  The Fifth Circuit maintains that tortious conduct is not required and that Read More +

Alternatives to Bankruptcy

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ALTERNATIVES TO BANKRUPTCY

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 unsecured debt obligations are common to the clients who approach our offices.  One alternative to bankruptcy is debt settlement.  There are many debt settlement companies that the reader probably has Read More +

Cosigner Liability on Student Loans and Chapter 13 Bankruptcy – Part I

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COSIGNER LIABILITY ON STUDENT LOANS AND CHAPTER 13 BANKRUPTCY PART I

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 the funding of student loans is the primary cause of the outrageous costs of secondary education. A circular process occurs.  Student loans create the high price of a secondary education.  Read More +

How Do I File for Bankruptcy?

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HOW DO I FILE FOR BANKRUPTCY?

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 the two most commonly filed forms of bankruptcy.  Currently, the filing fee for a Chapter 7 bankruptcy is $335.00 and the filing fee for a Chapter 13 bankruptcy is $310.00.  Read More +

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 Code.  Chapter 7 Bankruptcy is a form of Bankruptcy wherein the Debtor usually seeks to Discharge unsecured debts, such as credit cards, medical bills, signature loans, and various other forms Read More +

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 of work and effort that each bankruptcy filing requires can vary depending upon the particular facts or circumstances of each case. Numerous factors determine whether an individual qualifies for either Read More +

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, Chapter 12, and Chapter 11 bankruptcy.  Some of our clients tell us that they have read every page of the website, which seems to be an almost impossible task.  This Read More +

Firearms, Guns, the Second Amendment and Bankruptcy – Part 3

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

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 a Professionally Prescribed Health Aid, under either the applicable Federal or State Exemption Statutes, the Section 522(f) of the Bankruptcy Code permits the Debtor to avoid such Interest. Bankruptcy Code Read More +

Firearms, Guns, the Second Amendment and Bankruptcy – Part 2

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

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 the category of Household Goods, permitting the Debtor to avoid a Non-possessory, Nonpurchase Money Security Interest in Bankruptcy.  Similar legislation was also presented in the 112th Congress in a bill Read More +

Most Pro Football Players Go Bankrupt or Broke: True or False? (part Ii of Ii)

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MOST PRO FOOTBALL PLAYERS GO BANKRUPT OR BROKE: TRUE OR FALSE?

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 online publication named FiveThirtyEight.  Torre recounts that he used, in his analysis, a National Bureau of Economic Research’s Working Paper No 21085 titled Bankruptcy Rates Among NFL Players with Short-Lived Read More +