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    Tag: chapter 13 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)…

    • COPYRIGHTS IN BANKRUPTCY

      COPYRIGHTS IN BANKRUPTCY

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      Under bankruptcy law, copyrights and patents are considered assets.  An author of a book who has copyrighted such book or a songwriter who has copyrighted his or her song or songs are considered under bankruptcy law, to possess an asset.  Depending upon the value of such an asset, a debtor may find such asset sold…

    • 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 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…

    • RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

      RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

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      MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA PART TWO Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993. In order to understand this Article, please read Part One. What are…

    • MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA

      MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA

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      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…

    • INTRODUCTION TO WELLER LEGAL GROUP

      INTRODUCTION TO WELLER LEGAL GROUP

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      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…