Discharge Of Student Loans In Bankruptcy Proposal In New Bill Before Congress

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A new bill being presented to Congress will permit the discharge of student loans in bankruptcy provided certain conditions are met. The bill, sponsored by Senator Richard Durbin and Senator John Cornyn, is titled the Fresh Start In Bankruptcy Act. Under the current bankruptcy laws, it is quite difficult to discharge a student loan in bankruptcy. Generally, the debtor must bring an adversary proceeding and obtain a finding from a bankruptcy judge that the student loan constitutes an undue hardship. The undue hardship standard is Read More +

How Bankruptcy Affects Evictions

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There are a lot of bills that may pile up and cause you to be in debt. However, when you realize you’ve fallen behind on paying your rent you’re likely to find this to be more stressful than any of the other types of debt you may encounter. Unfortunately, COVID has caused many Americans to find themselves coping with the ongoing stressor of a looming eviction. In March the Census Bureau published a survey in which they discovered that around 20% of adults who were Read More +

Steps For Life After Bankruptcy Discharge

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After you have found yourself to be on the successful side of a bankruptcy case in Florida, you are likely to be mighty relieved. This is the first good news you must have heard after struggling financially for a long time. Many people are surprised to find out that what they envisaged to be a straightforward procedure rather has turned out to be a massive challenge at every turn. If you are on the other side of bankruptcy, it means you are in contrast with 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 +

The 20-year Controversy On Judicial Liens; When Does It End?

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Many, if not, most Bankruptcy Practitioners would tell you that by law, judgement liens can only encumber property for a 10-year period and receive a one-time extension of 10 more years. This would make the time a lien may last a maximum of 20 years. Fla. Stat. § 55.10(2). However, these people would be technically wrong. The law does not define when the initial begins on a judgement lien. Bankruptcy professionals presume that the lien will be filed as soon as the judgment is entered. Read More +

What You Need To Know About Buying A Home After Bankruptcy

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Even though we’re still in the midst of a pandemic, most people have at least one friend or family member who’s bought a home within the past year. In fact, the first few months of 2021 have reflected rapid growth when it comes to buying homes. This has been supercharged by the real estate market’s bidding wars at the end of 2020. Despite some people having issues because they made purchases quickly the market still hasn’t slowed down any. With all the talk about buying Read More +

How To Confirm A Chapter 13 Bankruptcy Template

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AFTER THE 341 MEETING OF CREDITORS IS COMPLETED, THE CHAPTER 13 TRUSTEE WILL ISSUE EITHER A FAVORABLE OR UNFAVORABLE RECOMMENDATION IN THE DEBTOR(S) CASE. IF THE DEBTOR RECEIVES A FAVORABLE RECOMMENDATION THEN THERE IS NO ACTION REQUIRED AS RELATES TO THE CHAPTER 13 TRUSTEE. IF THE DEBTOR RECEIVES AN UNFAVORABLE RECOMMENDATION THEN REVIEW SUCH RECOMMENDATION AND CONTACT THE CLIENT VIA TEXT MESSAGE INFORMING THEM OF WHAT ACTIONS THE DEBTOR NEEDS TO TAKE TO REMEDY THE UNFAVORABLE RECOMMENDATION. ALL CORRESPONDENCE WITH THE DEBTOR SHOULD BE BY Read More +

Chapter 13 Bankruptcy Retention Of Tax Refund

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REQUIREMENT TO PROVIDE COPIES OF TAX RETURNS TO CHAPTER 13 TRUSTEE IN CHAPTER 13 BANKRUPTCY, THE COURT WILL REQUIRE THAT ALL DEBTORS TIMELY FILE TAX RETURNS DURING THE CASE PENDENCY. WHEN YOU FILE YOUR TAX RETURN, PLEASE IMMEDIATELY EMAIL SUCH COPIES TO JWELLER@WELLERLEGALGROUP.COM OR OTHERWISE PROVIDE A COPY OF THE TAX RETURN TO OUR OFFICE, IN ORDER THAT THE OFFICE MAY PROVIDE THE COPY OF THE TAX RETURN TO THE CHAPTER 13 TRUSTEE. THE BANKRUPTCY COURT AND THE CHAPTER 13 TRUSTEE REQUIRE A COPY OF Read More +

Bankruptcy Attorney Procedures For Phone Consultation With Client [to Be Held After Signing Petition, But Before Scheduled 341 Hearing]

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SCHEDULE MEETING WITH CLIENT 7-8 DAYS BEFORE THE SCHEDULED 341 HEARING DEBTOR(S) NAME ON SOCIAL SECURITY CARD MUST EXACTLY MATCH THE NAME ON THE PETITION. REVIEW APPROPRIATE DOCUMENTS. DEBTOR(S) MUST READ THE BANKRUPTCY INFORMATION SHEET DEBTOR(S) MUST HAVE A COPY OF THE BANKRUPTCY PETITION. THE PETITION SHOULD BE EMAILED TO THE DEBTOR(S) AT THE TIME OF THE FILING OF THE PETITION. THE OFFICE MAY CREATE A DESIGNATED EMAIL ACCOUNT FOR THE DEBTOR(S) OR THE DEBTOR(S) MAY PREFER TO HAVE THE PETITION EMAILED TO ANOTHER ACCOUNT. Read More +

Procedures For Potential Clients Seeking To File Bankruptcy

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PHONE OR IN PERSON CONSULTATION (DEPENDING UPON AVAILABILITY) WITH JAY WELLER IS MANDATORY. MR. WELLER WILL DISCUSS WITH THE POTENTIAL CLIENT ALL OF THE ISSUES, TYPICALLY RELATED TO BANKRUPTCY, HOW THOSE ISSUES ARE ADDRESSED IN BANKRUPTCY, THE DIFFERENT CHAPTERS OF BANKRUPTCY, AND REMEDIES OTHER THAN FILING BANKRUPTCY, AND THEIR FEASIBILITY, AND EFFECTIVENESS. MR. WELLER WILL DEMONSTRATE HOW BANKRUPTCY RELATES TO THE SPECIFIC ISSUES CONFRONTING THE POTENTIAL CLIENT. UPON A FULL ANALYSIS OF THE POTENTIAL CLIENT’S ISSUES AND CIRCUMSTANCES, THE POTENTIAL CLIENT CAN THEN MAKE AN Read More +