• TERMS OF BANKRUPTCY BILL ADDRESSING STUDENT LOANS

    TERMS OF BANKRUPTCY BILL ADDRESSING STUDENT LOANS

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    A bill, currently in Committee before the Senate may permit many debtors encumbered with student loan debt to achieve a discharge of such debts through the process of bankruptcy.  Currently, the primary avenue for the discharge of student loans in bankruptcy is through establishing such debts constitute an undue hardship. The bill, titled the “Fostering…

  • WESTCHASE FLORIDA BANKRUPTCY ATTORNEY

    WESTCHASE FLORIDA BANKRUPTCY ATTORNEY

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    If you live in the Westchase area, by Tampa, Florida, and are seeking a Bankruptcy Attorney then Jay Weller is the choice of many. Mr. Weller has been practicing Bankruptcy Law since 1993, and has represented many thousands of Clients in Bankruptcy Proceedings. Weller Legal Group represents Debtors, and only Debtors, in Bankruptcy matters. From…

  • RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

    RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

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    MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA PART TWO Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993. In order to understand this Article, please read Part One. What are…

  • The Rise Of The “Foreclosure Rescue” Companies

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       With the many millions of homeowners having difficulty with the terms of their mortgages, there has been created a large number of groups that portend to assist such homeowners in modifying their mortgages. While there are legitimate and well meaning participants, there are also a number of unscrupulous foreclosure rescue companies that are essentially…

  • Chapter 13 Case Permits Cramdown Of Mortgages

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    Debtors In Bankruptcy in Tampa Area May Pay Only The Actual Value Of Their Homestead In Bankruptcy Provided Their Mortgage Terminates Before Five Years The 11th Circuit of the United States Court Of Appeals Ruled in American General Finance versus Richard W Paschen that the plain language of the Bankruptcy Code allows Debtors in Chapter…

  • Cramdown Of Mortgages On Principal Residences In Bankruptcy

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    Argument For Allowing Debtors To Pay Secured Value Of Homestead Through Chapter 13 Bankruptcy For Debtors who file Chapter 13 Bankruptcy, the Bankruptcy Code permits them to Cramdown or pay only the Secured Value of Fair Market Value of an Investment Property or Non Homestead Property through the Chapter 13 Bankruptcy Plan. However, Bankruptcy Code…