Bankruptcy Chapter 7

Each year thousands of Americans will decide to file for Chapter 7 Bankruptcy. In 2017, it is estimated that over 500,000 people in the United States filed for a bankruptcy. Filing for bankruptcy is nothing to be ashamed about and can even be a great start to a fresh new beginning. Throughout this article, we at The Weller Legal Group are going to provide you with valuable information in regards to the Chapter 7 Bankruptcy topic. What is Chapter 7 Bankruptcy? Chapter 7 Bankruptcy is Read More +

Dischargeable Vs. Non-dischargeable Debts

Many Americans today will have to file for a bankruptcy at some point in their lives. The two most common types of bankruptcies for individuals to file in the United States is Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. In this article we are going to discuss the key differences between dischargeable debts and non-dischargeable debts, while including some examples of each type. Hopefully after reading this article you will get a better understanding of the differences between the two types of debts that are Read More +

The Average Millionaire Filed Bankruptcy 3.5 Times?

Going through a bankruptcy can be a stressful and time-consuming situation. We at The Weller Legal Group are here to help make the bankruptcy process easier and more efficient for you and your family. A common statement in the bankruptcy world is that, “the average millionaire will file for bankruptcy 3.5 times in their lifetime.” In this article, we are going to discuss this topic of how many times millionaires will file for bankruptcy in America? Millionaire Facts In this section we are going to Read More +

10 Questions To Ask My Bankruptcy Attorney

Going through a bankruptcy can be a stressful and time-consuming situation. We at The Weller Legal Group are here to help make the bankruptcy process easier and more efficient for you and your family. In this article we are going to discuss 10 very important questions that you should ask your bankruptcy attorney before you decide to hire them to represent you. What Is Your Experience? There are many bankruptcy attorneys out there that are licensed today, but not all are created equal. It is Read More +

Bankruptcy Means Test

WHAT IS THE BANKRUPTCY MEANS TEST? The bankruptcy means test is a process to determine whether a debtor is eligible to file Chapter 7 bankruptcy, based upon his or her income. After the application of the means test, if one has significant disposable income remaining, the debtor may not be eligible to file Chapter 7 bankruptcy. The bankruptcy means test was implemented in the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), and is designed to prevent debtors with high income from filing Chapter Read More +

The Roles Of The Chapter 13 Bankruptcy Trustee

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 +

The “means Test” In Bankruptcy (chapter 7) – Part Iii

Part III of Three Related Articles [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales”&“Part II, Changes in Bankruptcy Law”] After passage of the BAPCPA in 2005, anyone wanting to file for Chapter 7 bankruptcy relief was faced with the new requirement of having to pass a “means test” to determine their eligibility. The primary purpose of the means test is to help the court determine whether an individual should be allowed to file a petition Read More +

Bankruptcy Abuse Prevention & Consumer Protection Act Of 2005 (bapcpa) Part Ii

Part II – Changes in Bankruptcy Law [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales” &Part III The “Means Test in Bankruptcy”] The enactment of the Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA) in April, 2005, wrought significant changes in the law embodied in Chapter 7 of the United States Bankruptcy Code. Changes were also affected in Chapter 13 of the code, but such changes in that section were not as broad or as Read More +

The Bankruptcy Abuse Prevention & Consumer Protection Act Of 2005 (bapcpa) Part I

Part I–Rationales [See related articles on this blog: “The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), ‘Part II, Changes in Bankruptcy Law’, and “Part III, The Means Test in Bankruptcy”] The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was a “bankruptcy reform” measure passed by Congress during the fifth year of the Bush (#43) Presidency. According to a report by the U.S. House of Representatives’ Judiciary Committee (Report 109-031), the BAPCPA “represented the most comprehensive set of bankruptcy reforms in more than twenty-five Read More +

Chapter 11 Bankruptcy Filings – 770 As Of March, 2018 – Highest In 7 Years

*** UPDATE *** (See prior article on this blog – “Chapters in Bankruptcy, a Short Primer…”) The number of Chapter 11 (“reorganization” bankruptcy) filings has reached an all-time high since 2011. In that year, there were 789 Chapter 11 filings as the nation was still trying to recover from the “great recession” of 2008 – 2009. According to data from the American Bankruptcy Institute (“ABI”), the year-over-jump (that tracks the number of such filings in comparison to previous reporting periods) was the second highest to be Read More +