• Introducing Your Chapter 13 Bankruptcy Trustee’s Role

    Introducing Your Chapter 13 Bankruptcy Trustee’s Role

    by

    Undergoing a Chapter 13 bankruptcy is both stressful and time-consuming. You feel as though your life is in the court’s hands as they determine your disposable income and decide upon an amount that’ll be used towards repaying your debts over the next 3 to 5 years. They’re also the ones who will determine whether you…

  • What it Means to File Bankruptcy on a Car Loan

    What it Means to File Bankruptcy on a Car Loan

    by

    There are a lot of people who mistakenly believe that if they file for bankruptcy, they’ll wipe out their car loan and still keep their vehicle. Unfortunately, this isn’t true. While bankruptcy unwinds your obligation to pay back your car loan, you still need to make payments if you want to keep your vehicle. Here…

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

    EFFECT OF CONVERSION OF CHAPTER 13 BANKRUPTCY TO CHAPTER 7 BANKRUPTCY

    by

    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…

  • LEGAL VERSUS EQUITABLE INTERESTS IN BANKRUPTCY

    LEGAL VERSUS EQUITABLE INTERESTS IN BANKRUPTCY

    by

    When one files bankruptcy, a bankruptcy estate is created. The bankruptcy estate consists of all legal or equitable interests the debtor possesses in any property, at the time of the filing of the bankruptcy petition [See USC 541(a)(1)]. In bankruptcy, one may have a legal interest in property, or an equitable interest in property. A…

  • Middle District Of Florida New Rules And Procedures For Chapter 13 Trustees In Bankruptcy Cases

    Middle District Of Florida New Rules And Procedures For Chapter 13 Trustees In Bankruptcy Cases

    by

    Recently the Middle District of Florida’s Chapter 13 Trustees updated their expectations and rules of debtors and their counsel. From procedures in reference to tax returns to discouragements, there have been some new hurdles added to getting a bankruptcy confirmed. As a part of the new regulations, the Chapter 13 Trustees are requiring the last…

  • TAMPA BANKRUPTCY ATTORNEY ON 100% CHAPTER 13 BANKRUPTCY PLANS

    TAMPA BANKRUPTCY ATTORNEY ON 100% CHAPTER 13 BANKRUPTCY PLANS

    by

    In the practice of bankruptcy law, attorneys will sometimes refer to a 100% Chapter 13 Bankruptcy Plan. This generally means that the debtor or the bankruptcy filer must pay 100% of the full balances owed to his or her unsecured creditors. Most bankruptcy filers who are in a 100% plan are paying such unsecured creditors…

  • CHAPTER 13 BANKRUPTCY UNFAVORABLE RECOMMENDATION ISSUED BY THE CHAPTER 13 BANKRUPTCY TRUSTEE

    CHAPTER 13 BANKRUPTCY UNFAVORABLE RECOMMENDATION ISSUED BY THE CHAPTER 13 BANKRUPTCY TRUSTEE

    by

    MANY, IF NOT MOST OF THE DEBTORS WHO FILE CHAPTER 13 BANKRUPTCY IN THE TAMPA DIVISION OF THE MIDDLE DISTRICT OF FLORIDA WILL RECEIVE AN UNFAVORABLE RECOMMENDATION ISSUED BY THE CHAPTER 13 BANKRUPTCY TRUSTEE. IF YOU RECEIVE AN UNFAVORABLE RECOMMENDATION, THERE IS NO NEED TO PANIC. THERE ARE NUMEROUS REASONS, A CHAPTER 13 BANKRUPTCY TRUSTEES…

  • PROCEDURE FOR DEBTORS SEEKING EARLY PAYOFF IN A CHAPTER 13 BANKRUPTCY

    PROCEDURE FOR DEBTORS SEEKING EARLY PAYOFF IN A CHAPTER 13 BANKRUPTCY

    by

    1. THE CHAPTER 13 BANKRUPTCY MUST AT LEAST BE CONFIRMED BY THE BANKRUPTCY JUDGE AND AN ORDER GRANTING THE CONFIRMATION OF THE CHAPTER 13 PLAN FULLY ADMINISTERED. 2. A WRITTEN STATEMENT, DATED, SIGNED AND NOTARIZED, BY THE PERSON(S) OR INDIVIDUAL(S) OFFERING TO ASSIST (THE PAYOR). THE DEBTOR OR DEBTORS IN AN EFFORT TO PAYOFF THE…

  • The Roles Of The Chapter 13 Bankruptcy Trustee

    The Roles Of The Chapter 13 Bankruptcy Trustee

    by

    Going through bankruptcy is a very stressful and time-consuming situation. We at The Weller Legal Group are your helping hand in making the bankruptcy process easier and more efficient for you and your family. In this article we are going to discuss a popular question that many clients have, and that is what are the…