Bankruptcy Information

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 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 +

Ramifications of the Supreme Court’s Lawless Decision in Bank of America V Caulkett

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 the ramifications of the Supreme Court Decision in Bank of America v Caulkett? Why is its construction of the Bankruptcy Code important? Please note that the Supreme Court Decision in Read More +

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 +

Section 221.11 of the Florida Statutes Provides That Creditors ..

Section 221.11 of the Florida Statutes provides that Creditors cannot Garnish the Earnings of the Head Of Family, unless the Head of Family has Disposable Earnings over $750 per week and the same person agrees in writing to such Garnishment. Florida Law Section 221.11(b) provides that the written agreement must: Be written in the same language as the contract or agreement to which the waive relates; Be contained in a separate document attached to the contract or agreement; and Be in substantially the following form Read More +

Dischargeability of Student Loans

Dischargeability Of Student Loans Interpreting Bankruptcy Code Section 523(a)(8) Constructing The Plain Text Of The Bankruptcy Code In Determining Whether A Student Loan Can Be Discharged Or Eliminated In Bankruptcy Part One of A Series By Clearwater Florida Bankruptcy Lawyer Jay Weller Please refer to the Text of the prior Post which repeats, word for word, the Text of the Bankruptcy Code as its applies to Student Loans. Section 523(a)(8) of the Bankruptcy Code defines when Student Loans can be Discharged or eliminated in Bankruptcy. Read More +

What Section of the Bankruptcy Code Applies to Student Loans?

What Does Bankruptcy Code Specifically Say About Student Loans? By Jay Weller Section 11 USC 523(a)(8) of the US Bankruptcy Code is the operative Section in regards to Student Loans. Section 523(a)(8) States STUDENT LOANS ARE NOT DISCHARGED UNLESS: Unless excepting such debt from discharge under this paragraph would impose an UNDUE HARDSHIP on the debtor and the debtor’s dependants, for- (A)(i) an EDUCATIONAL OVERPAYMENT or LOAN MADE, INSURED, or GUARANTEED by a GOVERNMENTAL UNIT or NONPROFIT INSTITUTION; or made under ANY PROGRAM FUNDED in Read More +

Treatment of Automobiles in Bankruptcy

Here Are Your Options By Jay Weller Many of the Clients of Weller Legal Group have difficulties presented by their Automobile Loans. Loss of income, or unexpected financial circumstances sometimes leaves a Client delinquent on his Automobile Loan and in danger of Repossession. Sometimes, the monthly payment is too burdensome for the Client to pay, with the attendant other Debts he may have. Bankruptcy can help these Clients in numerous ways. In a Chapter 13 Bankruptcy, or what is referred to as a Debt Consolidation, Read More +