Do I Need To File For Bankruptcy?

It has been said that for most people “…bankruptcy is a scary proposition…”. Depending upon the type of bankruptcy case, a person’s asset vs. debt ratio, and myriad other factors, it could be added, “…and rightfully so”. Even the word “bankruptcy” has an ominous ring to it – and – the concept of “going bankrupt” has been a shaming one for most people over the course of history. Yet, bankruptcy remains the “law of the land” for individuals and corporations alike. The list of famous Read More +

Bankruptcy Help Near Me

If I was seeking bankruptcy help near me, I would probably contact Jay Weller at Weller Legal Group PA. Mr. Weller has practiced almost exclusively bankruptcy law, since his admission to the Florida Bar in 1993. Mr. Weller only represents debtors and never creditors. He primarily represents clients in Chapter 7 bankruptcy and Chapter 13 bankruptcy proceedings. If you need help in bankruptcy then Jay Weller is probably among the best bankruptcy attorneys currently practicing in the greater Tampa region that encompasses the Middle District Read More +

Bankruptcy Pros And Cons

The pros and cons of Bankruptcy are myriad. Among the cons of bankruptcy, is the filing of a Chapter 7 or Chapter 13 Bankruptcy will appear on your consumer credit report for a period of ten (10) years. Presently, in order to qualify for a federally backed mortgage loan, a debtor’s bankruptcy must be a least two years old. Some creditors may not extend credit to debtor’s who are still within a bankruptcy. Some creditors will extend credit to a debtor still in bankruptcy, with Read More +

Find A Bankruptcy Attorney In Clearwater, Fl

It is hard to find a good bankruptcy attorney in Clearwater, FL. However, Jay Weller at Weller Legal Group PA is here to help. Mr. Weller has practiced almost exclusively bankruptcy law since 1993. Mr. Weller only represents debtor and never creditors. Mr. Weller also practices mostly in the representation of debtors in Chapter 7 and Chapter 13 bankruptcy in Clearwater, Polk, Hillsborough, Pinellas, Pasco, Hernando, Manatee and Sarasota Counties. Since 1993, Weller Legal Group PA has represented many thousands of clients in the filing Read More +

Filing For Bankruptcy Can Help You Reinstate Your Driver’s License

There are several instances in which filing for bankruptcy can help you regain your driver’s license. In the state of Florida, if you are driving without insurance and you are involved in a car accident the Department of Highway Safety and Motor Vehicles (DHSMW) may suspend your driver’s license. However, filing for Chapter 7 or Chapter 13 Bankruptcy can sometimes help remedy this situation. If you injure someone or damage their property while driving uninsured, the other driver or interested party can sue you and Read More +

What Is Chapter 12 Bankruptcy?

Chapter 12 bankruptcy is a type of bankruptcy specifically fashioned to either family farmers or fishermen seeking to reorganize or consolidate their debts through bankruptcy proceedings. The most commonly filed Chapters of bankruptcy are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 12 bankruptcy is probably one of the least commonly filed forms of bankruptcy. Even Chapter 11 bankruptcy or corporate reorganization, is probably more commonly filed than Chapter 12 bankruptcy. Chapter 9 bankruptcy, which involves the reorganization of the debts of a municipality, may Read More +

Chapter 13 Bankruptcy Protection Of Tax Refund The Matter Of In Re Gibson

In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan. Even in jurisdiction in which a tax refund is considered exempt, or for which there are available exemptions to protect the tax refund, the Trustee will likely argue that the Read More +

Bankruptcy Waiting Periods

CHAPTERS WAITING PERIOD 7 TO 7 8 YEARS FROM PREVIOUS FILING 13 TO 13 2 YEARS FROM PREVIOUS FILING (CASE MUST BE CLOSED) 7 TO 13 4 YEARS FROM PREVIOUS FILING 13 TO 7 6 YEARS FROM PREVIOUS FILING UNLESS 100% OF THE UNSECURED WERE PAID IN THE PRIOR CHAPTER 13 OR AT LEAST 70% OF THE UNSECURED DEBTS WERE PAID IN THE PRIOR CHAPTER 13 AND THE PLAN WAS PROPOSED IN GOOD FAITH The above chart represents the period of time a debtor must Read More +

Chapter 7 Bankruptcy Treatment Of Secured Property

STATEMENT OF INTENTIONS IN BANKRUPTCY In a Chapter 7 bankruptcy, the debtor must complete and sign a form called the Statement of Intentions. The Statement of Intentions indicates which of the available options the debtor chooses towards his or her secured property. The primary examples of secured property are an automobile loan or a mortgage loan. In a Chapter 13 bankruptcy one manifests his or her intent regarding such secured property through the Chapter 13 plan. In a Chapter 7 bankruptcy, the Statement of Intentions 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 +