Issue of Acreage Limitations in the Claim of the Florida Homestead Exemptions in Federal Bankruptcy Proceedings

My name is Jay Weller, President of the Weller Legal Group PA. I am an attorney that represents Debtors in bankruptcy proceedings in the Middle District of Florida Bankruptcy Court, Tampa Division. For any Debtor with a Homestead, who wants to retain their Homestead, file Bankruptcy, and successfully claim the Florida Homestead Exemption, it is important such Debtor be aware of the acreage limitations imposed by such Exemption. In the State of Florida, its Homestead Exemption limits one Debtor to ½ acre of land if Read More +

Can Bankruptcy Stop an Eviction in Florida?

If you have filed for bankruptcy in Florida, there is an automatic stay that will protect you from eviction unless the landlord has acquired a judgment of possession before you have filed for bankruptcy. Judgment of possession and stay on eviction The judgment of possession is a final court order in the eviction proceeding. Or if the landlord has filed a motion with the court claiming that the tenant has caused damage to the property or has used illegal drugs on the property within the Read More +

Legal Versus Equitable Interests in Bankruptcy

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 +

Sale of Homestead and Other Assets in Bankruptcy

Debtors in bankruptcy proceedings who desire to sell assets of significant value, whether those assets are considered exempt or not exempt, should obtain appropriate permission from the bankruptcy court before doing so. This advice includes the sale of the homestead in the State of Florida. If you contemplate the sale of homestead property, while in bankruptcy, consult with the bankruptcy attorney first to determine the property procedures and the ramifications of such sale. The first consideration in the sale of homestead property while in bankruptcy Read More +

Factors That Impact Your Bankruptcy Case

Are you struggling to pay your bills? Do you find that you have fallen so far behind that you think you’ll never catch up? Maybe you’re drowning in a mountain of debt. While you may be struggling to keep your head above water financially, it doesn’t have to be this way. There are solutions available for you. One of the solutions you may wish to consider is bankruptcy. This type of insolvency is a welcome source of relief for many people today. There are a Read More +

Recent Executive Orders Regarding Student Loans

President Biden has signed numerous executive orders recently related to student loan forgiveness. The Borrower Defense to Repayment Program, according to a recent article published in Forbes, will allow forgiveness to certain student loan recipients who were defrauded by the colleges or institutions in which they enrolled. This program was enacted by executive order in June 2021. A second executive order, on August 6, 2021, provided for an extension on a previous moratorium providing borrowers were not to be charged federal loans payments, interest, and Read More +

How Bankruptcy May Affect Your Job Prospects

While bankruptcy is invaluable in that it offers you the opportunity to start over financially there are also some consequences that accompany it. One of the most important things you need to consider here is how your job opportunities, both now and in the future, will be affected. Can I be fired for filing for bankruptcy? If you live in America you typically won’t be fired if you file for liquidation. Under federal employment discrimination laws, your job will be protected. This means that even Read More +

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

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 +

How Bankruptcy Affects Evictions

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

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 +