Florida Fraudulent Transfers

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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

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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

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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

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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 +

When Are My Debts No Longer Collectible?

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Laws regarding time-barred debts, a debt that is past its legal time window of collection, vary from state to state. This “time window” in which collectors must initiate a lawsuit is formally known as the Statute of Limitations. The Statute of Limitations applies to all types of lawsuits, not just those between debtors and creditors. Anytime someone wants to file a claim, whether it’s regarding a car accident, personal injury, workers’ compensation, product liability, etc. there is an amount of time from the event in Read More +

Lutz Florida Bankruptcy Attorney

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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

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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 +

The Roles Of The Chapter 13 Bankruptcy Trustee

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Going through bankruptcy is a very stressful and time-consuming situation. We at The Weller Legal Group are your helping hand in making the bankruptcy process easier and more efficient for you and your family. In this article we are going to discuss a popular question that many clients have, and that is what are the roles of a Chapter 13 bankruptcy trustee. WHAT IS CHAPTER 13 BANKRUPTCY? Chapter 13 bankruptcy is a type of bankruptcy where the court determines a debtor’s disposable income and uses Read More +

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

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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 +

Remington Outdoor, Co. (remington Arms) Set To File Chapter 11 Bankruptcy

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Iconic arms manufacturer Remington Outdoor Company (operated for nearly two hundred years as the Remington Arms Company) is on the brink of filing a voluntary petition for Chapter 11 bankruptcy. Remington Outdoor is headquartered in Madison, NC. The company’s original intent was to begin solicitation for the plan on March 5, 2018, with the bankruptcy filing to follow on March 7th. Those dates were set back one week (March 12th for start of solicitation and March 14th for filing for Chapter 11 protection) after Bank Read More +