Introducing Your Chapter 13 Bankruptcy Trustee’s Role

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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 can take out any more significant debt during this time. To help oversee these things, as well as others, you have a Trustee appointed to your case. What Your Chapter Read More +

What It Means to File Bankruptcy on A Car Loan

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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 are the answers to a few other common questions regarding this subject. How does bankruptcy work regarding my vehicle? When you file for bankruptcy, the contract that requires you to Read More +

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 property or assets that are held by the Debtor both before the filing of the Bankruptcy and after the filing of the Bankruptcy, during the entire term of the Chapter Read More +

Legal Versus Equitable Interests in Bankruptcy

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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 legal interest is represented by ownership in property that is generally more recognizable by law. If one buys an automobile and titles the automobile in his or her name, then Read More +

Middle District of Florida New Rules and Procedures for Chapter 13 Trustees in Bankruptcy Cases

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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 four (4) digits of the debtor or debtors’ social security number be redacted, along with the names of any children listed in the tax returns. Also, any account numbers on Read More +

Tampa Bankruptcy Attorney on 100% Chapter 13 Bankruptcy Plans

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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 in full, because the filer or debtor has significant disposable income, to the extent that the debtor is able to pay his or her unsecured creditors in full. In the Read More +

Chapter 13 Bankruptcy Unfavorable Recommendation Issued By the Chapter 13 Bankruptcy Trustee

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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 WILL ISSUE AN UNFAVORABLE RECOMMENDATION, MOST OF WHICH CAN BE READILY ADDRESSED BY THE DEBTOR, OR FILER OF THE CHAPTER 13. AMONG THE REASONS AN UNFAVORABLE RECOMMENDATION MAY BE MADE Read More +

Procedure for Debtors Seeking Early Payoff in A Chapter 13 Bankruptcy

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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 CHAPTER 13 BANKRUPTCY BEFORE THE EXPIRATION OF THE CHAPTER 13 PLAN. THIS LETTER MUST CONTAIN: *PAYOR’S FULL NAME AS STATED ON THEIR SOCIAL SECURITY CARD AND/OR BIRTH CERTIFICATE *THE PAYOR’S Read More +

the Roles of the Chapter 13 Bankruptcy Trustee

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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 roles of a Chapter 13 bankruptcy trustee. WHAT IS CHAPTER 13 BANKRUPTCY? Chapter 13 bankruptcy is a type of bankruptcy where the court determines a debtor’s disposable income and uses Read More +