• A Quick Guide To Bankruptcy

    A Quick Guide To Bankruptcy

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    Bankruptcy isn’t a situation that anybody wants to be in. The main reason people file for bankruptcy is that their debt has gotten to the point that it can no longer be handled effectively, and often they are forced into making this move. When debt becomes too overwhelming for a person or a business in…

  • TREATMENT OF CHILD SUPPORT ARREARS OWED TO BANKRUPTCY DEBTOR

    TREATMENT OF CHILD SUPPORT ARREARS OWED TO BANKRUPTCY DEBTOR

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    How may the Bankruptcy Court treat child support arrears owed to a Debtor who files Bankruptcy? In such an instance, the Debtor or the Bankruptcy Attorney, on behalf of the Debtor, may engage in an analysis of two important concepts in Bankruptcy. The first question is whether child support or child support arrears are even…

  • Chapter 13 Bankruptcy Treatment Of Automobile Accidents

    Chapter 13 Bankruptcy Treatment Of Automobile Accidents

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    If a Debtor is in an automobile accident, either before the filing of the Chapter 13 Bankruptcy or after the filing of Chapter 13, proceeds from any personal injury or property settlement arising out of the accident, are included in the Bankruptcy Estate. In Chapter 13 Bankruptcy in which the Debtor uses the Florida Bankruptcy…

  • EFFECT OF CONVERSION OF CHAPTER 13 BANKRUPTCY TO CHAPTER 7 BANKRUPTCY

    EFFECT OF CONVERSION OF CHAPTER 13 BANKRUPTCY TO CHAPTER 7 BANKRUPTCY

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    Bankruptcy Code Section 348(f) states when a Chapter 13 Bankruptcy is converted to a Chapter 7 Bankruptcy, the Bankruptcy Estate does not include property acquired by the Debtor after the original Chapter 13 Bankruptcy was filed. This is an interesting element of Bankruptcy Law because in a Chapter 13 Bankruptcy the Bankruptcy Estate can include…

  • Can I File For Bankruptcy If I Lose My Job?

    Can I File For Bankruptcy If I Lose My Job?

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    Many individuals in Florida found themselves unemployed once the epidemic hit. About 13.5% of the entire nation’s workforce, which equals out to be approximately 22 million people, were forced to file for unemployment benefits once the Coronavirus took its toll, according to the United States Department of Labor. With new strains of the virus popping…

  • Alternatives To Paying The Collection Agencies

    Alternatives To Paying The Collection Agencies

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    It can be truly unpleasant to deal with collection agencies. A lot of people wonder how their debt became the business of a collection agency in the first place? In most cases, the creditors such as credit card companies or some other organization you have received services from, send the debt to the collection agency…

  • The Effects Of Bankruptcy On Your Credit Report

    The Effects Of Bankruptcy On Your Credit Report

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    Your credit score is more important than ever before, affecting everything from your job prospects to your credit card interest rates. Many people use their energy to acquire and keep the best credit score possible, but sometimes this isn’t possible due to an unforeseen event. When this happens, you may need to file for liquidation.…

  • What You Should Know About Bankruptcy And Your Credit

    What You Should Know About Bankruptcy And Your Credit

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    Unfortunately, 2021 hasn’t been a good year for many people financially. The tough economy has led to furloughs and layoffs, leaving people in a disastrous financial position. Even if you’re lucky enough to have been able to return to work, you may find that you’re still faced with a reduction in pay or hours. When…

  • TAMPA BANKRUPTCY COURT LEADS ALL DIVISIONS IN MIDDLE DISTRICT OF FLORIDA IN FILINGS

    TAMPA BANKRUPTCY COURT LEADS ALL DIVISIONS IN MIDDLE DISTRICT OF FLORIDA IN FILINGS

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    The Tampa Bankruptcy Court consistently leads all other divisions in the Middle District of Florida in bankruptcy filings. There are four divisions that comprise the Middle District of Florida. These four divisions include Tampa, Jacksonville, Orlando and Fort Myers. For the months of January to September of the calendar year 2021, 5,227 cases were filed…

  • TREATMENT OF AUTO ACCIDENT THAT OCCURRED AFTER THE FILING OF BANKRUPTCY

    TREATMENT OF AUTO ACCIDENT THAT OCCURRED AFTER THE FILING OF BANKRUPTCY

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    If a Debtor files Bankruptcy and following the filing of the Bankruptcy, the Debtor is in an auto accident, then how such accident is treated by the bankruptcy trustee depends heavily upon whether the Debtor filed a Chapter 7 or a Chapter 13 Bankruptcy. Bankruptcy Code Section 541(a) states that the commencement or filing of…

  • ISSUE OF ACREAGE LIMITATIONS IN THE CLAIM OF THE FLORIDA HOMESTEAD EXEMPTIONS IN FEDERAL BANKRUPTCY PROCEEDINGS

    ISSUE OF ACREAGE LIMITATIONS IN THE CLAIM OF THE FLORIDA HOMESTEAD EXEMPTIONS IN FEDERAL BANKRUPTCY PROCEEDINGS

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    My name is Jay Weller, President of the Weller Legal Group PA. I am an attorney that represents Debtors in bankruptcy proceedings in the Middle District of Florida Bankruptcy Court, Tampa Division. For any Debtor with a Homestead, who wants to retain their Homestead, file Bankruptcy, and successfully claim the Florida Homestead Exemption, it is…

  • Can Bankruptcy Stop An Eviction In Florida?

    Can Bankruptcy Stop An Eviction In Florida?

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    If you have filed for bankruptcy in Florida, there is an automatic stay that will protect you from eviction unless the landlord has acquired a judgment of possession before you have filed for bankruptcy. Judgment of possession and stay on eviction The judgment of possession is a final court order in the eviction proceeding. Or…