Tampa Bankruptcy Court Decision Relating to Tax Refunds

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A Bankruptcy Judge in Tampa delivered an important decision regarding tax refunds in Bankruptcy. On July 20, 2022, Bankruptcy Judge CJ Delano rendered a decision regarding whether a debtor may retain a portion of a tax refund received in the amount of $5,500. The debtor claimed $3,750 of such refund as exempt. The debtor’s argument was that portion of the refund should be exempt because it represented monies that the debtor withheld from his social security benefits. Social security benefits are exempt from levy, attachment, Read More +

How to Confirm A Chapter 13 Bankruptcy Template

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AFTER THE 341 MEETING OF CREDITORS IS COMPLETED, THE CHAPTER 13 TRUSTEE WILL ISSUE EITHER A FAVORABLE OR UNFAVORABLE RECOMMENDATION IN THE DEBTOR(S) CASE. IF THE DEBTOR RECEIVES A FAVORABLE RECOMMENDATION THEN THERE IS NO ACTION REQUIRED AS RELATES TO THE CHAPTER 13 TRUSTEE. IF THE DEBTOR RECEIVES AN UNFAVORABLE RECOMMENDATION THEN REVIEW SUCH RECOMMENDATION AND CONTACT THE CLIENT VIA TEXT MESSAGE INFORMING THEM OF WHAT ACTIONS THE DEBTOR NEEDS TO TAKE TO REMEDY THE UNFAVORABLE RECOMMENDATION. ALL CORRESPONDENCE WITH THE DEBTOR SHOULD BE BY Read More +

Chapter 13 Bankruptcy Retention of Tax Refund

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REQUIREMENT TO PROVIDE COPIES OF TAX RETURNS TO CHAPTER 13 TRUSTEE IN CHAPTER 13 BANKRUPTCY, THE COURT WILL REQUIRE THAT ALL DEBTORS TIMELY FILE TAX RETURNS DURING THE CASE PENDENCY. WHEN YOU FILE YOUR TAX RETURN, PLEASE IMMEDIATELY EMAIL SUCH COPIES TO JWELLER@WELLERLEGALGROUP.COM OR OTHERWISE PROVIDE A COPY OF THE TAX RETURN TO OUR OFFICE, IN ORDER THAT THE OFFICE MAY PROVIDE THE COPY OF THE TAX RETURN TO THE CHAPTER 13 TRUSTEE. THE BANKRUPTCY COURT AND THE CHAPTER 13 TRUSTEE REQUIRE A COPY OF Read More +

Procedures for Potential Clients Seeking to File Bankruptcy

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PHONE OR IN PERSON CONSULTATION (DEPENDING UPON AVAILABILITY) WITH JAY WELLER IS MANDATORY. MR. WELLER WILL DISCUSS WITH THE POTENTIAL CLIENT ALL OF THE ISSUES, TYPICALLY RELATED TO BANKRUPTCY, HOW THOSE ISSUES ARE ADDRESSED IN BANKRUPTCY, THE DIFFERENT CHAPTERS OF BANKRUPTCY, AND REMEDIES OTHER THAN FILING BANKRUPTCY, AND THEIR FEASIBILITY, AND EFFECTIVENESS. MR. WELLER WILL DEMONSTRATE HOW BANKRUPTCY RELATES TO THE SPECIFIC ISSUES CONFRONTING THE POTENTIAL CLIENT. UPON A FULL ANALYSIS OF THE POTENTIAL CLIENT’S ISSUES AND CIRCUMSTANCES, THE POTENTIAL CLIENT CAN THEN MAKE AN Read More +

Chapter 13 Bankruptcy Monthly Payments Based Upon Disposable Income

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[NAME OF CLIENT], THE TWO MAIN FACTORS THAT CAN DETERMINE A DEBTOR OR DEBTORS’ MONTHLY CHAPTER 13 PAYMENTS, ARE THE DEBTORS’ ASSETS AND THE DEBTORS INCOME. DEBTOR OR DEBTORS’ ASSETS IN A CHAPTER 13 BANKRUPTCY, THE DEBTOR MUST PAY HIS OR HER UNSECURED CREDITORS AN AMOUNT EQUIVALENT TO WHAT SUCH UNSECURED CREDITORS WOULD RECEIVE IF THE DEBTOR FILED A CHAPTER 7 BANKRUPTCY. WHEN A DEBTOR FILES BANKRUPTCY, THE BANKRUPTCY ESTATE IS CREATED. THE BANKRUPTCY ESTATE INCLUDES ALL OF THE DEBTOR’S INTERESTS IN ANY PROPERTY. SUCH Read More +

Get Financial Support to Relieve Your Financial Stress

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Financial stress is caused by constantly being in debt. Not being able to earn sufficiently, the constant reminder of raising money for the children’s schooling, or being married to a person that is not good at handling money are some of the issues commonly faced by people. If there was a way of reducing the financial worries there is every chance that you will succeed in concentrating on other significant areas of your life and be able to relax more. By being aware that you 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 +

5 Myths About the $1200 Stimulus Check

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In March 2020 the biggest stimulus package in the history of America was passed by Congress to counter the economic situation caused by the coronavirus pandemic. It was signed to become the law by the U.S. President Donald Trump. This $2.2 trillion package will provide $500 billion to the industries in distress, $350 billion to the small business loans, and $260 billion for expanding the unemployment benefits program. But all the discussion is about the $300 billion set aside for direct stimulus payments. These payouts Read More +

Worried About Income Tax Debt?

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Look no further. At Weller Legal Group, we are fully equipped to help with your questions regarding the IRS. Constantly receiving mail and phone calls from the United States Treasury can seem threatening and feel unending. Weller Legal Group considers it our privilege to help you understand your options when it comes to your unique tax information. Understanding the Basics Q: If I file for bankruptcy, could I wipe out that money that I owe to the IRS? A: Yes! There are just a few Read More +

Seffner Florida Bankruptcy Attorney

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For those in Seffner Florida our Bankruptcy Attorneys are available daily at our Tampa Office. Our Tampa Florida Office is located at 4100 West Kennedy Boulevard in Tampa, Florida. The Office is equidistant between the intersections of Dale Mabry Highway and Lois Avenue, on Kennedy Boulevard. The most prominent local landmark is Jimbo’s BBQ, which is across the street from the building wherein our Office is located. We also have Law Offices in Clearwater, Port Richey, and Lakeland, Florida. Weller Legal Group was founded in Read More +