Tag: Chapter 7 Bankruptcy
Hurricane Irma And Bankruptcy
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By Jay Weller Natural disasters and hurricanes and bankruptcy filings within affected areas are intuitively correlative. One would expect that the economic and property damage incurred by a hurricane, such as Hurricane Irma, that beset portions of Florida would have an impact on the number of subsequent bankruptcies filed within the affected regions. This article…
TAX REFUNDS IN BANKRUPTCY
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The treatment of tax refunds is a popular issue in bankruptcy. Income tax refunds are commonly considered to be part of the bankruptcy estate. Therefore, if a debtor files Chapter 7 bankruptcy, the trustee may attempt to seize all or a portion of the debtor’s tax refund. In a Chapter 13 bankruptcy, the trustee may…
EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS
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Bankruptcy Code Section 523(a)(6) prevents a debtor from obtaining the discharge of any debt for “willful and malicious injury by the debtor to another entity or to the property of another entity”. There are two prominent interpretations as to how this provision is to be construed. The Ninth Circuit interpretation is that the debtor’s actions…
COPYRIGHTS IN BANKRUPTCY
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Under bankruptcy law, copyrights and patents are considered assets. An author of a book who has copyrighted such book or a songwriter who has copyrighted his or her song or songs are considered under bankruptcy law, to possess an asset. Depending upon the value of such an asset, a debtor may find such asset sold…
HOW DO I FILE FOR BANKRUPTCY?
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How do I file for bankruptcy is a common search term on Google and other search engines. If one files either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, one may either represent oneself, pro se or enlist the services of a bankruptcy attorney or bankruptcy lawyer. Chapter 7 and Chapter 13 bankruptcy are…
BANKRUPTCY CHAPTER 11
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From Clearwater, Florida comes a question from John J. What is Chapter 11 Bankruptcy? I have a small business, wish to retain my business, and either discharge or reorganize my personal and business debts. Should I file a Chapter 11 Bankruptcy in order to accomplish these goals? There are numerous Chapters available under the Bankruptcy…
Bankruptcy Attorney Fees
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Bill Putnee from Lakeland, Florida asks, what are the attorney fees or costs of hiring a bankruptcy attorney. This is a common question asked by the persons contacting our office. Generally, most honest bankruptcy attorneys do not prefer to quote a definite attorney fee for bankruptcy representation without first meeting the prospective client. The amount…
BANKRUPTCY INFORMATION
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For those seeking bankruptcy information, the website of Weller Legal Group is arguably the largest source of bankruptcy information in these United States. This website, spanning well over one thousand pages, addresses every conceivable issue relating to bankruptcy and bankruptcy law. The main portion of the website contains information relating to Chapter 7, Chapter 13,…
FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 2
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In the 111th Congress, legislation was passed in HR 5827 that provided a Federal Exemption in Bankruptcy for a Debtor’s interest in a “single rifle, shotgun or pistol, or any combination thereof”, provided the total value of such Firearms did not exceed $3000. Such bill also contained a provision that Firearms could be included in…