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A BRIEF INTRODUCTION TO LAKELAND, FLORIDA
LAKELAND, FLORIDA EARLY HISTORY The Paleo-Indians came to the area known as central Florida and what is today known as Lakeland, Florida around the time of the end of the last ice age, according to Wikipedia. It is estimated that such pre Colombian cultures existed in the Lakeland area almost 12,000 years ago. According to…
BANKRUPTCY ASSISTANCE
Bankruptcy assistance and representation in Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and most avenues to address issues with debt, are available here at Weller Legal Group PA. Weller Legal Group provides assistance in primarily Bankruptcy representation of debtors. However, we offer programs to address debt outside of Bankruptcy, including Credit Counseling, Debt Settlements, Foreclosure Defense,…
FAMILY OR HOUSEHOLD SIZE IN BANKRUPTCY
The bankruptcy code does not contain a definition of family or household size. Under the 2005 Bankruptcy Abuse and Consumer Protection Act, Congress provided for the US Trustee Program or office, the authority to administer and enforce the means test which determines whether a debtor may qualify to file a Chapter 7 bankruptcy and determines…
CLEARWATER, FLORIDA
EARLY HISTORY According to Wikipedia, one of the early tribes that resided in the area now known as Clearwater, Florida, was the Tocobaga peoples. In the early history of the area now referred to as Clearwater, Florida, there were clear springs that led from the banks of Clearwater into the bay. These springs no longer…
BANKRUPTCY CHAPTER 7 DISCHARGE
In Chapter 7 Bankruptcy the Discharge is governed by Bankruptcy Code Section 11 USC 727. Any debtor who files Chapter 7 Bankruptcy is eligible for the Chapter 7 Bankruptcy Discharge provided the debtor meets certain qualifications, and follows the required procedures in the Chapter 7 Bankruptcy. A Corporation is not eligible for Discharge in Chapter…
FREE BANKRUPTCY CONSULTATION
Free bankruptcy consultations are offered by Mr. Jay Weller at Weller Legal Group PA. Mr. Weller has practiced almost exclusively bankruptcy law beginning in 1993, with a concentration in the representation of debtors in Chapter 13 bankruptcy and Chapter 7 Bankruptcy. The consultation with the Bankruptcy Attorney is free and without charge, or obligation. Mr.…
TAX REFUNDS IN BANKRUPTCY
The treatment of tax refunds is a popular issue in bankruptcy. Income tax refunds are commonly considered to be part of the bankruptcy estate. Therefore, if a debtor files Chapter 7 bankruptcy, the trustee may attempt to seize all or a portion of the debtor’s tax refund. In a Chapter 13 bankruptcy, the trustee may…
DOCTOR DAVID DAO
On April 9, 2017, Dr David Dao became known nationally and internationally as the “Chinese” doctor who was forcefully removed from a United Airlines flight 3411 departing Chicago, Illinois for Louisville, Kentucky. There are a number of strange occurrences relating to the story of Mr. Dao and his removal, not the least of which is…
INTERNAL REVENUE SERVICE USE OF PRIVATE COLLECTION AGENCIES
In December of 2015, Congress passed a transportation bill entitled Fixing America’s Surface Transportation Act, and included in the Act was a provision requiring the Internal Revenue Service (IRS) to use private collection agencies for the collection of certain outstanding tax debts. The Act provides that the private collection agencies will only prosecute select accounts…
DOMESTIC SUPPORT OBLIGATIONS BANKRUPTCY
Another important exception to bankruptcy is domestic support obligations. Domestic support obligations are not discharged in bankruptcy and are therefore referred to as an exception to bankruptcy. Intentional torts are another exception to bankruptcy and were discussed in our prior article. Domestic support obligations are defined by federal and not state law. 11 USC 101(5)…
EXCEPTION TO DISCHARGE IN BANKRUPTCY FOR INTENTIONAL TORTS
Bankruptcy Code Section 523(a)(6) prevents a debtor from obtaining the discharge of any debt for “willful and malicious injury by the debtor to another entity or to the property of another entity”. There are two prominent interpretations as to how this provision is to be construed. The Ninth Circuit interpretation is that the debtor’s actions…
BANKRUPTCY EXCEPTIONS TO DISCHARGE
CREDIT CARDS, CHILD SUPPORT, ALIMONY, STUDENT LOANS, TAX DEBTS, INTENTIONAL TORTS, FRAUD Most debts are eligible for Discharge under the Bankruptcy Code. However, Bankruptcy Code Section 523 lists certain debts that are not discharged in Bankruptcy. Such debts, if unpaid will remain in existence after the completion and Discharge of a Chapter 7 Bankruptcy. These…