the Effects of Bankruptcy on Homeownership

Bankruptcy is a significant financial event that can have far-reaching implications on various aspects of one’s life, including homeownership. For individuals considering bankruptcy, understanding its effects on their current and future ability to own a home is crucial. In this article, we will explore how filing for bankruptcy affects homeownership, including the ability to keep one’s house and the impact on future home buying, focusing on the role of a bankruptcy lawyer in Tampa. When a person files for bankruptcy, their primary concern is often Read More +

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 +

Determining Applicable Exemptions in Bankruptcy

STEPS 1. Bankruptcy Code Section 522 states that in determining what Exemptions the Debtor shall apply, whether Federal or State Exemptions, one must refer to Bankruptcy Code Section 522(b)(3)(A). The applicable Bankruptcy Section states that the Domicile of the Debtor for the 730 days preceding the filing of the Bankruptcy Petition determines the applicable Exemption. Domicile is generally defined as the place where the Debtor intends to make his or her permanent home. 2. If the Debtor’s Domicile was not in a single State for Read More +

Florida Homestead Exemption

The State of Florida provides a homestead exemption which is designed to protect persons from the attachment or seizure of their places of residence by creditors. The homestead exemption provides protection against such creditor action to debtors who file bankruptcy and debtors who do not file bankruptcy. The homestead exemption for purposes of asset protection is often confused with the homestead exemption that provides a reduction in property tax obligations. This article will discuss the homestead exemption as it applies to debtors seeking to protect their Read More +