Florida Fraudulent Transfers

Florida has a statutory provision, formally referred to as the Uniform Fraudulent Transfer Act. (726.101) Florida Statute 726.105 governs when transfers are considered fraudulent as to present and future creditors. These ELEMENTS must be present for a transfer to be considered fraudulent: TRANSFER made or OBLIGATION incurred by a DEBTOR CREDITORS claim can arise BEFORE or AFTER the obligation was incurred DEBTOR made TRANSFER with: ACTUAL INTENT to hinder, delay, or defraud any creditor of the debtor OR (CONSTRUCTIVE INTENT) DEBTOR did not receive REASONABLY Read More +

Bankruptcy Proof Of Claims For Dummies

Bankruptcy Rule 3002 governs primarily the deadlines surrounding when a Creditor must file a proof of claim under various Chapters of Bankruptcy. A Creditor that does not file a proof of claim, files such claim late, or has its claim disallowed, may find that it will be excluded from any distribution or dividend available through the liquidation of assets in a Chapter 7 Bankruptcy, or the payment to Creditors of monies in a Chapter 13 Bankruptcy. DAYS 70  Proof of claim is timely filed within Read More +

Bankruptcy Treatment Of Private School Expenses

INTRODUCTION Parents may seek to matriculate their minor children in private schools for various reasons, including religious purposes, lack of confidence in the available public schools, and alternatively, the belief that the available private school offers a better education than the pertinent public school. The question in arises, in Bankruptcy, as to whether the debtor may deduct his or her expenses related to the debtor’s child or children’s private school enrollment. The ability to deduct such expenses may determine whether the debtor is able to Read More +

Credit Card Payments During Coronavirus Pandemic

For several people, a credit card is a significant resource when things are not going well financially. If you have lost a lot of income recently due to the coronavirus pandemic the credit card will be a significant lifeline for meeting your business requirements. However, if you fail to make the payments on time the credit card debt can add up quickly and it can become a long-term financial challenge. But most of the credit card companies are willing to work with their clients affected Read More +

Lutz Florida Bankruptcy Attorney

If you live or work in Lutz, Florida and are seeking a Bankruptcy Attorney, then Weller Legal Group may be able to help. The Bankruptcy Attorneys and Paralegals at Weller Legal Group have knowledge and experience in most matters relating to Bankruptcy Law, including Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and Chapter 11 Bankruptcy. Chapter 7 Bankruptcy is commonly referred to as a Straight Bankruptcy or Straight Bankruptcy. In a Chapter 7 Bankruptcy, the Debtor is seeking to Discharge his or her Unsecured Debts. Discharge Read More +

Riverview Florida Bankruptcy Attorney

If you live or work in Riverview Florida and seeking a Bankruptcy Attorney then Jay Weller may be best choice. Since 1993, Mr. Weller has represented Debtors and Debtors only, in Bankruptcy Proceedings. Weller Legal Group has represented many thousands of Clients in Bankruptcy, including Chapter 11 Bankruptcy, Chapter 13 Bankruptcy and Chapter 7 Bankruptcy. Most Bankruptcies are filed under either Chapter 7 or Chapter 13. Chapter 7 Bankruptcy seeks the elimination or Discharge of the Debtor or Debtors’ Unsecured Debts, such as Credit Cards, Read More +

Brandon Florida Bankruptcy Attorney

For Brandon, Florida residents seeking a Bankruptcy Attorney, Jay Weller and Weller Legal Group is a popular choice. Since 1993, Our Attorneys have represented Debtors, and only Debtors, in Bankruptcy Proceedings. If you reside in Brandon, or Hillsborough County, the Bankruptcy Hearings are held in downtown Tampa. The Tampa Bankruptcy Court serves not only Hillsborough County, but many of the surrounding Counties including Polk, Pasco, Pinellas, Hernando, Manatee, and Sarasota. Our Tampa Office is approximately one to two miles from the Tampa Bankruptcy Court. Our Read More +

Dodd-frank: Title Xiv – Mortgage Reform And Anti-predatory Lending Act

Mortgage Reform and Anti-Predatory Lending Act, amendment to the Truth in Lending Act (TILA), was brought about as a reaction to the lending practices that had lead to the burst of the real estate bubble in 2008. Many mortgages prior to the burst of the real estate bubble included clauses that were unfavorable to those who had borrowed the money. Some such clauses made it impossible to pay off mortgages where the value of the property dropped below the amount of the loan. Mortgage Reform Read More +

Creditor Harassment Summary

OFFENDING PARTY A DEBT COLLECTOR? MUST BE A DEBT COLLECTOR AND NOT ORIGINAL CREDITOR COLLECTING DEBT. DID DEBT COLLECTOR IDENTIFY HIMSELF AS A DEBT COLLECTOR? WAS DEBT A CONSUMER DEBT TRANSACTION? INCLUDES BAD CHECKS, CONDO ASSESSMENT FEES, RESIDENTIAL RENTAL PAYMENTS, MUNICIPAL WATER SERVICE, REPOSSESSIONS EXCLUDES CHILD SUPPORT, TORT CLAIMS, AND PERSONAL TAXES VALIDITY OF DEBT IRRELEVANT FAIR DEBT COLLECTION PRACTICES ACT – FEDERAL LAW [15 USC 1692]. STRICT LIABILITY STATUTE, STATUTORY DAMAGES UP TO $1,000 PER VIOLATION. ACTUAL DAMAGES ALSO. REASONABLE ATTORNEY FEES. ONE YEAR Read More +

Message From A Bankruptcy Attorney In Clearwater, Florida

THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market Value of the Home was less than the Balance of the First Mortgage. The Second Mortgage, in terms of Bankruptcy, is Wholly Unsecured. Section 506(d) of the Bankruptcy Code provides, Read More +